Oregon Water Well Drilling Licensing Law

Oregon Code · 19 sections

The following is the full text of Oregon’s water well drilling licensing law statutes as published in the Oregon Code. For the official version, see the Oregon Legislature.

ORS 274.860

274.860, the department shall cause written notice describing the area under consideration and other pertinent information to be transmitted to:

�� (a) State Geologist;

�� (b) Director of Transportation;

�� (c) Director of the Department of Environmental Quality;

�� (d) State Fish and Wildlife Director;

�� (e) The applicant, if any, requesting the lease;

�� (f) Prospective applicants or bidders, by publication thereof in two or more publications of general circulation in the oil and gas industry; and

�� (g) The public, by publication thereof once each week for not less than four weeks in a newspaper of general circulation throughout the State of Oregon, and in addition in a newspaper of general circulation in the county in which the lands lie or the county or counties contiguous to the area under consideration for bidding.

�� (3) The notice shall set forth the place of hearing and shall set its time at not earlier than the 20th day after date of the last newspaper publication.

�� (4) Notwithstanding ORS 183.635, hearings under this section may be conducted by an administrative law judge assigned from the Office of Administrative Hearings established under ORS 183.605 or may be conducted by a hearing officer designated by the State Land Board. An officer or employee of each interested state agency, board or commission named in subsection (2) of this section may question any witnesses appearing in the hearing, and any interested person may offer evidence and otherwise be heard. [1961 c.619 �6; 1965 c.375 �3; 1967 c.421 �166; 1969 c.593 �34; 1993 c.741 �25; 1999 c.849 ��57,58; 2001 c.104 ��83,84; 2003 c.75 �31]

�� 274.760 Considerations involved in granting lease or easement. After the public hearing the Department of State Lands shall determine whether the granting of an easement or an invitation for bidding to lease the area under consideration would be in the public interest. In such determination the department shall consider whether an easement or a lease or leases of the area under consideration would:

�� (1) Be detrimental to the health, safety, or welfare of persons residing in, owning real property, or working in the neighborhood of such areas;

�� (2) Interfere with the residential or recreation areas to an extent that would render such areas unfit for recreational or residential uses or unfit for park purposes;

�� (3) Destroy, impair or interfere with the aesthetic and scenic values of the Oregon coast, or other affected area;

�� (4) Create any air, water or other pollution;

�� (5) Substantially endanger marine life or wildlife;

�� (6) Substantially interfere with commerce or navigation; and

�� (7) Protect state lands from drainage of oil and gas. [1961 c.619 �7]

�� 274.765 Publishing offer to lease tidal submerged lands; bids; cash bonus; award of lease; fee. (1) The Department of State Lands may offer to lease lands subject to ORS 274.705 to 274.860 by publication of a notice of its intention to do so, once each week for not less than two weeks in two or more newspapers of general circulation in this state, one of which is published or has general circulation in the county in which the lands lie or county or counties contiguous thereto. The notice shall describe the lands so offered, and shall specify the rate of royalty, including the royalty for sulfur, and the rental, the manner in which bids may be filed with the department, the amount of the deposit that must accompany each bid, and the time and place for filing bids, which time shall not be earlier than the 30th day after the date of last publication of such notice. Further, the notice shall state that the lease will be awarded to the bidder offering the highest cash bonus, and that the form of lease, conditions for bidding and bid form may be obtained from the department upon request.

�� (2) Each bid shall be enclosed in a sealed envelope, shall be on the form provided by the department and shall be accompanied by duplicate lease forms executed by the bidder, and by a certified or cashier�s check or checks payable to the State of Oregon in the amount fixed by the department, which sum shall be deposited as evidence of good faith and except in the case of the successful bidder shall be returned to the bidder. If the successful bidder fails to pay the balance of the cash bonus bid and the annual rental for the first year not later than the 15th day after the award of the lease, or fails to post any bond required by the lease or the rules in effect at the date of the invitation for bids within the time prescribed, the amount of the deposit shall be forfeited to the state.

�� (3) At the time and place specified in the notice the department shall publicly open the sealed bids and shall award the lease for each parcel to the bidder who, in addition to complying with all of the conditions for bidding, offers the highest cash bonus. The department may, however, reject any or all bids for cause.

�� (4) Following the award of the lease, the payment by the successful bidder of the balance of the cash bonus, the annual rental for the first year, and the fee specified in this section, and the posting of any required bonds, the department shall execute the lease in duplicate on behalf of the state and transmit one counterpart thereof to the lessee. The lease shall become effective as of the date of such execution.

�� (5) The department shall prescribe a reasonable fee to cover the procedures under this section, which shall be paid by the successful bidder. [1961 c.619 �27; 1967 c.421 �167]

�� 274.770 Prohibited drilling requirements. In leasing lands subject to ORS 274.705 to 274.860, the Department of State Lands may not discriminate between bidders by requiring drilling from:

�� (1) Upland or littoral drill sites;

�� (2) Sites on filled land, whether contiguous or noncontiguous to the littoral lands or uplands; or

�� (3) Any pier, platform or other fixed or floating structure in, on or over lands subject to ORS 274.705 to 274.860, with respect to which this state or any other owner thereof has consented to use. [1961 c.619 �30; 1967 c.421 �168]

(Leases)

�� 274.780 Conditions in leases and permits; execution; delivery of bonds or contracts to department. (1) The form of lease shall contain, in addition to other provisions deemed necessary and desirable by the Department of State Lands, after consultation with the State Department of Geology and Mineral Industries, the State Fish and Wildlife Commission and other interested agencies, boards and commissions, the provisions of ORS 274.780 to 274.860.

�� (2) The form of a permit shall contain, in addition to other provisions deemed necessary and desirable by the Department of State Lands, after consultation with the State Department of Geology and Mineral Industries, the State Fish and Wildlife Commission and other interested agencies, boards and commissions, the provisions of ORS 274.785 (3).

�� (3) All leases and other instruments required in carrying out ORS 274.705 to 274.860 shall be executed by the Department of State Lands. All bonds, contracts and other instruments required by ORS 274.705 to 274.860 for the protection of the interests of this state and political subdivisions, persons and property therein shall be executed and delivered to the department. [1961 c.619 ��9,28; 2003 c.253 �23]

�� 274.785 Exclusive rights granted by lease; requirement of diligence; maximum area; assignment. (1) The lease shall grant the exclusive right to drill for and produce all oil, gas and sulfur deposits in the leased land and be for a primary term of 10 years and for so long thereafter as oil, gas or sulfur is produced in paying quantities from the leased land, or lessee is diligently conducting producing, drilling, deepening, repairing, redrilling or other necessary lease or well maintenance operations on the leased land or is excused from conducting such operations under the terms of the lease.

�� (2) The maximum area which shall be included in any single lease to any person shall be 13,200 acres.

�� (3) No permit, easement or lease, or any portions thereof shall be assignable without the prior written consent of the Department of State Lands. [1961 c.619 ��8,10,22; 1963 c.359 �1]

�� 274.790 Royalties. (1) The Department of State Lands shall specify in the notice described by ORS 274.765 and in the lease the rate of royalty paid under such lease which royalty shall not be less than 12-1/2 percent of gross production, or the value thereof, produced and saved from the leased lands and not used by lessee for operations thereon or for injection therein. Such royalty shall, at the department�s option, be paid in kind or in value, and be computed after an allowance for the actual cost of oil treatment or dehydration of not to exceed five cents per barrel of royalty oil so treated or dehydrated.

�� (2) The royalty for sulfur produced under ORS 274.705 to 274.860 shall not be less than $1 per long ton.

�� (3) The State of Oregon shall have a lien upon all production for unpaid royalties. [1961 c.619 ��11,12; 1967 c.421 �169]

�� 274.795 Rents. The Department of State Lands shall specify a rental payable annually in advance of not less than 50 cents for each acre of land subject to the lease at the rental date. After production has been established, rent paid shall be deducted from any royalty due under the terms of a lease during the year for which such rent has been paid. [1961 c.619 �13]

�� 274.800 Bonds. Sufficient bonding requirements, as determined by the Department of Geology and Mineral Industries, shall be specified to secure to the State of Oregon performance and the faithful compliance by the lessee with the terms of the lease, and further to secure adjacent landowners and the public generally as to all proper claims for damages arising from operations thereunder. [1961 c.619 �14]

�� 274.805 Drill sites. Unless otherwise determined by the Department of State Lands, each well drilled pursuant to the terms of the lease may be drilled or slant drilled to and into the subsurface of the lands covered by the lease from upland or littoral drill sites owned or controlled by the state or owned by or available to the lessee, or from drill sites located upon any filled lands heretofore or hereafter filled, whether contiguous or noncontiguous to the littoral lands or uplands, or from any pier heretofore or hereafter constructed owned by or available to the lessee and available for such purpose, or from platforms or other fixed or floating structures in, on or over the lands covered by the lease or otherwise available to the lessee. [1961 c.619 �16; 1967 c.421 �170]

�� 274.810 Commencement of drilling; operational requirements. Subject to the lessee�s right to surrender, the lessee shall commence operations for the drilling of a well within five years from date of the lease and commence production within three years of discovery of oil, gas or sulfur in paying quantities, unless the Department of State Lands shall have, for cause, granted an extension of time for such act. In addition, the lease shall have such exploratory, drilling and producing requirements as the Department of State Lands in consultation with the Department of Geology and Mineral Industries deems necessary to encourage the exercise of due diligence on the part of lessee. [1961 c.619 �20]

�� 274.815 Extension of time when wells to be drilled from filled land or structure. If the lessee, as disclosed by information submitted with the bid of the lessee, proposes to drill one or more wells from filled land, whether contiguous or noncontiguous to the littoral lands or uplands, or from any pier or from platforms or other fixed or floating structures to be constructed for such purpose, and if permission from any federal or state agency is legally required in order to construct any such filled lands or structures, the lessee shall be allowed a reasonable time following the execution of the lease within which to secure the necessary permission from such federal and state agencies as shall be legally required, and, upon the securing of such permission, a further reasonable time, determined with regard to the nature of the filled lands or structure or structures to be constructed within which to commence operations for the drilling of such well or wells, and if necessary, the drilling term provided for in ORS 274.810 shall be extended by the Department of State Lands to the date to which the time to commence operations for the drilling of such well or wells has been extended. [1961 c.619 �19]

�� 274.820 Water contamination or pollution. (1) Avoidable pollution or avoidable contamination of the ocean and of the waters covering lands subject to ORS 274.705 to 274.860, avoidable pollution or avoidable contamination of the beaches or land underlying the ocean or waters covering lands subject to ORS 274.705 to 274.860, or any substantial impairment of and interference with the enjoyment and use thereof, including but not limited to bathing, boating, fishing, fish and wildlife production, and navigation, shall be prohibited, and the lessee shall exercise a high degree of care to provide that no oil, tar, residuary product of oil or any refuse of any kind from any well or works shall be permitted to be deposited on or pass into the waters of the ocean, any bay or inlet thereof, or any other waters covering lands subject to ORS 274.705 to 274.860. However, this section does not apply to the deposit on or passage into such waters of water not containing any hydrocarbons or vegetable or animal matter.

�� (2) For the purposes of this section, �avoidable pollution� or �avoidable contamination� means pollution or contamination arising from:

�� (a) The acts or omissions of the lessee or its officers, employees or agents; or

�� (b) Events that could have been prevented by the lessee or its officers, employees or agents through the exercise of a high degree of care. [1961 c.619 �18; 1967 c.421 �171]

�� 274.825 Nonconflicting use of leased lands. The State of Oregon reserves the right to permit reasonable nonconflicting uses, including seismic surveys but excluding core hole drilling, on lands under lease as long as:

�� (1) Such uses do not unreasonably impair or interfere with operations of the lessee; and

�� (2) Requirement is made that the permittee indemnify the lessee against any damage caused by such use. [1961 c.619 �21; 1999 c.59 �71]

�� 274.830 Protecting lands from drainage. The lessee shall at all times proceed with due diligence to protect the leasehold from drainage by wells on lands not owned by the state. [1961 c.619 �23]

�� 274.835 Conformance to laws and regulations; periodic negotiations. It shall be a continuing condition of such lease that the lessee shall conform to all applicable laws of the State of Oregon and all duly promulgated rules and regulations pursuant thereto in effect at the date of the invitation for bids in pursuance of which the lease was awarded. Periodic mutual negotiations between lessee and lessor may be carried out to make conditions, rules and regulations current as warranted by changes in environment or operational methods. [1961 c.619 �26]

�� 274.840 Continuation of lease after cessation of production. In the event production on the leasehold shall cease at any time or from time to time, before or after the expiration of the primary term of the lease, the lease shall nevertheless continue in full force and effect if the lessee shall, within six months after the cessation of production or within such longer period of time as the Department of State Lands may authorize, commence and thereafter prosecute with reasonable diligence drilling, deepening, repairing, redrilling or other operations for the restoration of production of oil, gas or sulfur from the leased lands. [1961 c.619 �15]

�� 274.845 Surrender of lease. The lessee may at any time file with the Department of State Lands a written surrender of all rights under the lease or any portion thereof or any separate or distinct zone or geological horizon or any portion thereof. Such surrender shall be effective as of the date of its filing subject to the continuing obligation of the lessee to pay all rentals and royalties theretofore accrued and to place all wells on the lands or in the zones or horizons surrendered in condition for suspension or abandonment in accordance with the applicable lease terms, regulations and law. Thereupon the lessee shall be released from all obligations under such lease with respect to the lands, zones or horizons surrendered, but no such surrender shall release such lessee from any liability for breach of any monetary obligation of the lease with respect to which such lessee is in default at the time of the filing of such surrender. [1961 c.619 �24]

�� 274.850 Cancellation of lease; partial retention of leasehold; removal of equipment. The Department of State Lands shall reserve and may exercise the authority to cancel any lease upon which oil, gas or sulfur has not been discovered in paying quantities, upon failure of the lessee after 30 days� written notice and demand for performance to exercise due diligence and care in the prosecution of the prospecting or development work in accordance with the terms of the lease. After discovery of oil, gas or sulfur in paying quantities on lands subject to any lease, such lease may be forfeited and canceled only by appropriate judicial proceedings upon failure of the lessee after 90 days� written notice and demand for performance to comply with any of the provisions of the lease or of laws or regulations applicable thereto and in force at the date of the invitation for bids in pursuance of which the lease was awarded; provided, however, that in the event of any such cancellation, the lessee shall have the right to retain under such lease any and all drilling or producing wells as to which no default exists, together with a parcel of land surrounding each such well and such rights of way through the leased lands as may be reasonably necessary to enable such lessee to drill and operate such retained well or wells. In the event of the cancellation of any lease, the lessee shall have a reasonable time within which to remove all property, equipment and facilities owned or used by the lessee in connection with operations under the lease. [1961 c.619 �25]

�� 274.855 Restoration of leasehold to original condition. Upon any partial or total termination, surrender or forfeiture of its permit or lease, the Department of State Lands may require that the permittee or lessee, within a reasonable time, restore that portion of the premises that is visible at extreme low tide to substantially its original condition. [1961 c.619 �17]

�� 274.860 Protection and location of filled lands. Under a lease entered into by the Department of State Lands pursuant to ORS 274.705 to 274.860, the fill constituting filled lands may be retained in place or protected by bulkheads, seawalls, revetments or similar enclosures and may be placed at any location approved by the Department of State Lands, in consultation with the Department of Geology and Mineral Industries, the State Fish and Wildlife Commission and other interested agencies, boards and commissions. [1961 c.619 �31]

�� 274.865 [1961 c.619 �29; repealed by 1967 c.421 �206]

�� 274.867 [2007 c.591 �3; 2013 c.345 �1; 2015 c.386 �6; renumbered 274.879 in 2015]

(Ocean Renewable Energy Facility Siting)

�� 274.870 Definitions for ORS 274.870 to 274.879. As used in ORS 274.870 to 274.879:

�� (1) �Commercial operation� means a project undertaken to generate ocean renewable energy for a purposes other than research, demonstration or personal use and that has financial profit as a goal.

�� (2) �Ocean renewable energy� means electricity that is generated through:

�� (a) The conversion of energy contained in the natural properties of the ocean, including but not limited to energy contained in waves and swells, the tides and currents, ocean temperature and salinity gradients; and

�� (b) Ocean offshore wind power.

�� (3) �Ocean renewable energy facility� means any energy conversion technology or device that is used as a necessary component of a research project, demonstration project or commercial operation to generate ocean renewable energy, including but not limited to all buoys, anchors, energy collectors, cables, control and transmission lines, and other equipment necessary or useful to the project or operation.

�� (4) �Person� means a person as defined in ORS 174.100, a public body as defined in ORS

ORS 390.805

390.805 to 390.925, 537.332 to 537.360 and 537.505 to 537.795. [2005 c.669 �2]

�� Sec. 4. Section 2 of this 2005 Act applies to all ground water permits containing a ground water mitigation requirement, all final orders approving water right applications containing a ground water mitigation requirement, all mitigation credits, all ground water mitigation projects and all mitigation banks issued or approved in the Deschutes River Basin by the Water Resources Department or the Water Resources Commission before, on or after the effective date of this 2005 Act [July 29, 2005]. [2005 c.669 �4]

�� Sec. 5. (1) The Water Resources Commission shall repeal the rules referred to in section 2, chapter 669, Oregon Laws 2005, on January 2, 2029.

�� (2) Ground water permits and mitigation projects approved before the repeal remain valid and effective. [2005 c.669 �5; 2011 c.694 �1]

(Water Well Constructors)

�� 537.747 Water well constructor�s license; rules; fees. (1) No person shall advertise services to construct, alter, abandon or convert wells, offer to enter or enter into a contract with another person or public agency to construct, alter, abandon or convert a well for such other person, cause any well construction, alteration, abandonment or conversion to be performed under such a contract or operate well drilling machinery without possessing a water well constructor�s license therefor in good standing issued by the Water Resources Department. The department shall adopt a single water well constructor�s license that may specify the type of well, type of well alteration or construction or type of well drilling machine operation for which the water well constructor is qualified.

�� (2) Notwithstanding subsection (1) of this section, a person may operate a well drilling machine without a water well constructor�s license if supervised by one who possesses such a license.

�� (3) A person shall be qualified to receive a water well constructor�s license if the person:

�� (a) Is at least 18 years of age.

�� (b) Has passed a written examination conducted by the department to determine fitness to operate as a water well constructor.

�� (c) Has paid a license fee and an examination fee according to the fee schedule set forth under subsection (6) of this section.

�� (d) Has one year or more experience in the operation of well drilling machinery.

�� (e) Provides evidence that the person has completed an arc welding training course from a community college, received a professional welding certification, passed a welding proficiency test or otherwise completed professional welding training, if the evidence is required under rules adopted by the Water Resources Commission that are based on the type of well for which the water well constructor is qualified.

�� (4) Upon fulfillment of all the requirements set out in subsection (3) of this section, the department shall issue the applicant a water well constructor�s license in a form prescribed by the department. The license may be issued for a period of two years.

�� (5) A water well constructor�s license shall expire on June 30 or on such date as may be specified by department rule. A person may renew a license by submitting an application and the appropriate fees any time before the license expires but not later than one year after the license expires. A person who renews a license within the 12 months after the license expires may either pay a penalty fee set forth under subsection (6)(d) of this section or requalify for a water well constructor�s license in accordance with subsection (3) of this section. If a person fails to renew a license within 12 months after expiration, the person must comply with the requirements of subsection (3) of this section for a new water well constructor�s license.

�� (6) The department shall collect in advance the following fees:

�� (a) An examination fee of $25.

�� (b) A license fee of $165.

�� (c) A renewal fee of $165, if the license is renewed on or before the expiration date.

�� (d) Unless a person requalifies for a water well constructor�s license in accordance with subsection (3) of this section, a water well constructor shall pay a renewal fee of $275 if an expired license is renewed on or before 12 months after the expiration date.

�� (e) If a person requalifies for a water well constructor�s license under subsection (3) of this section, the person shall pay the renewal fee established under paragraph (c) of this subsection.

�� (7) The department may revoke, suspend or refuse to renew any water well constructor�s license when it appears to the satisfaction of the department, after notice and opportunity to be heard by the licensee, that the licensee has failed to comply with the provisions of ORS 537.505 to 537.795 and 537.992 applicable to such licensee or any order or rule adopted thereunder applicable to such licensee, or has made a material misrepresentation or material misstatement of fact on an application for a license or well log or established a pattern of conduct that willfully or negligently violates any provision of ORS 537.505 to 537.795 and

ORS 448.279

448.279.

�� (g) A person that for compensation arranges, undertakes, offers to undertake or submits a bid to clean or service chimneys.

�� (h) A person that arranges for, undertakes, offers to undertake or submits a bid for the performance of restoration work as defined in ORS 701.540.

�� (6) �Developer� means a contractor that owns property or an interest in property and engages in the business of arranging for construction work or performing other activities associated with the improvement of real property, with the intent to sell the property.

�� (7)(a) �General contractor� means a contractor whose business operations require the use of more than two unrelated building trades or crafts that the contractor supervises or performs in whole or part, whenever the sum of all contracts on any single property, including materials and labor, exceeds an amount established by rule by the board.

�� (b) �General contractor� does not mean a specialty contractor or a residential limited contractor.

�� (8)(a) �Home improvement� means a renovation, remodel, repair or alteration by a residential contractor to an existing owner-occupied:

�� (A) Residence that is a site-built home;

�� (B) Condominium, rental residential unit or other residential dwelling unit that is part of a larger structure, if the property interest in the unit is separate from the property interest in the larger structure;

�� (C) Modular home constructed off-site;

�� (D) Manufactured dwelling; or

�� (E) Floating home, as defined in ORS 830.700.

�� (b) �Home improvement� does not include a renovation, remodel, repair or alteration by a residential contractor:

�� (A) To a structure that contains one or more dwelling units and is four stories or less above grade; or

�� (B) That the residential contractor performed in the course of constructing a new residential structure.

�� (9)(a) �Home inspector� means a person who, for a fee, inspects and provides written reports on the overall physical condition of a residential structure.

�� (b) �Home inspector� does not include persons certified under ORS chapter 455 to inspect new, repaired or altered structures for compliance with the state building code.

�� (10) �Key employee� means an employee or owner of a contractor who is a corporate officer, manager, superintendent, foreperson or lead person or any other employee the board identifies by rule.

�� (11) �Large commercial structure� means a structure that is not a residential structure or small commercial structure.

�� (12) �Officer� means any of the following persons:

�� (a) A president, vice president, secretary, treasurer or director of a corporation.

�� (b) A general partner in a limited partnership.

�� (c) A manager in a manager-managed limited liability company.

�� (d) A member of a member-managed limited liability company.

�� (e) A trustee.

�� (f) A person the board defines by rule as an officer. The definition of officer adopted by board rule may include persons not listed in this subsection who may exercise substantial control over a business.

�� (13) �PEO relationship� has the meaning given that term in ORS 656.849.

�� (14) �Professional employer organization� has the meaning given that term in ORS 656.849.

�� (15) �Residential contractor� means a licensed contractor that holds an endorsement as a:

�� (a) Residential general contractor;

�� (b) Residential specialty contractor;

�� (c) Residential limited contractor;

�� (d) Residential developer;

�� (e) Residential locksmith services contractor;

�� (f) Residential restoration contractor;

�� (g) Home inspector services contractor;

�� (h) Home services contractor; or

�� (i) Home energy performance score contractor.

�� (16) �Residential developer� means a developer of property that is zoned for or intended for use compatible with a residential or small commercial structure.

�� (17)(a) �Residential structure� means:

�� (A) A residence that is a site-built home;

�� (B) A structure that contains one or more dwelling units and is four stories or less above grade;

�� (C) A condominium, rental residential unit or other residential dwelling unit that is part of a larger structure, if the property interest in the unit is separate from the property interest in the larger structure;

�� (D) A modular home constructed off-site;

�� (E) A manufactured dwelling;

�� (F) A floating home as defined in ORS 830.700; or

�� (G) An appurtenance to a home, structure, unit or dwelling described in subparagraphs (A) to (F) of this paragraph.

�� (b) �Residential structure� does not mean:

�� (A) Subject to paragraph (a)(C) of this subsection, a structure that contains both residential and nonresidential units;

�� (B) Transient lodging;

�� (C) A residential school or residence hall;

�� (D) A state or local correctional facility;

�� (E) A youth correction facility as defined in ORS 420.005;

�� (F) A youth care center operated by a county juvenile department under administrative control of a juvenile court pursuant to ORS 420.855 to 420.885;

�� (G) A detention facility as defined in ORS 419A.004;

�� (H) A nursing home;

�� (I) A hospital; or

�� (J) A place constructed primarily for recreational activities.

�� (18) �Responsible managing individual� means an individual who:

�� (a) Is an owner described in ORS 701.094 or an employee of the business;

�� (b) Exercises management or supervisory authority, as defined by the board by rule, over the construction activities of the business; and

�� (c)(A) Successfully completed the training and testing required for licensing under ORS 701.122 within a period the board identifies by rule;

�� (B) Demonstrated experience the board requires by rule; or

�� (C) Complied with the licensing requirements of ORS 446.395.

�� (19) �Small commercial structure� means:

�� (a) A nonresidential structure that has a ground area of 10,000 square feet or less, including exterior walls, and a height of not more than 20 feet from the top surface of the lowest flooring to the highest interior overhead finish of the structure;

�� (b) A nonresidential leasehold, rental unit or other unit that is part of a larger structure, if the unit has a ground area of 12,000 square feet or less, excluding exterior walls, and a height of not more than 20 feet from the top surface of the lowest flooring to the highest interior overhead finish of the unit;

�� (c) A nonresidential structure of any size for which the contract price of all construction contractor work to be performed on the structure as part of a construction project does not total more than $250,000; or

�� (d) An appurtenance to a structure or unit described in paragraphs (a) to (c) of this subsection.

�� (20) �Specialty contractor� means a contractor who performs work on a structure, project, development or improvement and whose operations as such do not fall within the definition of �general contractor.� �Specialty contractor� includes a person who performs work regulated under ORS 446.395.

�� (21) �Zero-lot-line dwelling� means a single-family dwelling unit constructed in a group of attached units in which:

�� (a) Each attached unit extends from foundation to roof with open space on two sides; and

�� (b) Each dwelling unit is separated by a property line.

�� 701.007 [1989 c.928 �3; repealed by 1991 c.79 �3]

�� 701.010 Exemptions from licensure; rules. The Construction Contractors Board may adopt rules to make licensure optional for persons who offer, bid or undertake to perform work peripheral to construction, as defined by administrative rule of the board. The following persons are exempt from licensure under this chapter:

�� (1) A person who is constructing, altering, improving or repairing personal property.

�� (2) A person who is constructing, altering, improving or repairing a structure located within the boundaries of any site or reservation under the jurisdiction of the federal government.

�� (3) A person who furnishes materials, supplies, equipment or finished product and does not fabricate them into, or consume them, in the performance of the work of a contractor.

�� (4) A person working on one structure or project, under one or more contracts, when the aggregate price of all of that person�s contracts for labor, materials and all other items is less than $1,000 and such work is of a casual, minor or inconsequential nature. This subsection does not apply to a person who advertises or puts out any sign or card or other device that might indicate to the public that the person is a contractor.

�� (5) An owner who contracts for work to be performed by a licensed contractor. This subsection does not apply to a person who, in the pursuit of an independent business, constructs, remodels, repairs or for compensation and with the intent to sell the structure, arranges to have constructed, remodeled or repaired a structure with the intent of offering the structure for sale before, upon or after completion. It is prima facie evidence that there was an intent of offering the structure for sale if the person who constructed, remodeled or repaired the structure or arranged to have the structure constructed, remodeled or repaired does not occupy the structure after its completion.

�� (6) An owner who contracts for one or more licensed contractors to perform work wholly or partially within the same calendar year on not more than three existing residential structures of the owner. This subsection does not apply to an owner contracting for work that requires a building permit unless the work that requires a permit is performed by, or under the direction of, a residential general contractor.

�� (7) A person performing work on a property that person owns or performing work as the owner�s employee, whether the property is occupied by the owner or not, or a person performing work on that person�s residence, whether or not that person owns the residence. This subsection does not apply to a person performing work on a structure owned by that person or the owner�s employee, if the work is performed in the pursuit of an independent business with the intent of offering the structure for sale before, upon or after completion.

�� (8) A person licensed or registered in one of the following trades or professions when operating within the scope of that license or registration:

�� (a) An architect registered by the State Board of Architect Examiners.

�� (b) A professional engineer registered by the State Board of Examiners for Engineering and Land Surveying.

�� (c) A water well contractor licensed by the Water Resources Department.

�� (d) A sewage disposal system installer licensed by the Department of Environmental Quality.

�� (e) A landscape contracting business licensed under ORS 671.510 to 671.760.

�� (f) A pesticide operator licensed under ORS 634.116 who does not conduct inspections for wood destroying organisms for the transfer of real estate.

�� (g) An appraiser certified or licensed under ORS chapter 674 or an appraiser assistant registered under ORS chapter 674 by the Appraiser Certification and Licensure Board.

�� (9) A landscape contracting business operating within the scope of a license issued under ORS

ORS 449.327

449.327; 2011 c.597 �198]

�� 448.310 Investigation of complaints. The officer in charge of the domestic water supply source or the community water supply system serving the city shall investigate complaints made concerning purity of the source or system and if the complaint appears to be well founded, file a complaint against the person violating ordinances of the city and cause arrest and prosecution. [Formerly 449.335]

�� 448.315 Special police to enforce ORS 448.295. The mayor or authorities having control of the community water supply system supplying the city may appoint special police officers who:

�� (1) After taking oath, shall have the powers of constables.

�� (2) May arrest with or without warrant any person committing, within the territory described in ORS 448.295, for:

�� (a) Any offense against the purity of the domestic water supply source or the community water supply system under state law or an ordinance of such city; or

�� (b) Any violation of any rule of the Oregon Health Authority or the authorities having control of the city water system for the protection of the purity of the domestic water supply source or the community water supply system.

�� (3) May take any person arrested for any violation under this section before any court having jurisdiction thereof to be proceeded with according to law.

�� (4) When on duty, shall wear in plain view a badge or shield bearing the words �Special Police� and the name of the city for which appointed. [Formerly 449.315; 1991 c.67 �124; 2003 c.14 �271; 2009 c.595 �863]

�� 448.320 [Formerly 449.328; 1995 c.658 �105; 1999 c.788 �56; repealed by 2011 c.597 �118]

�� 448.325 Injunction to enforce city ordinances. In cases of violation of any ordinance adopted under ORS 448.300 or 448.305 any city or any corporation owning a domestic water supply source or the community water supply system for the purpose of supplying any city or its inhabitants with water may have the nuisance enjoined by civil action in the circuit court of the proper county. The injunction may be perpetual. [Formerly 449.340]

(Water Pipes and Fittings)

�� 448.330 Moratorium of pipe and fittings for potable water supply; acceptability criteria; exceptions; rules. (1) The Director of the Oregon Health Authority may prohibit the sale of water pipe used to carry potable water and solders, fillers or brazing material used in making up joints and fittings in this state and the installation or use of water pipe used to carry potable water and solders, fillers or brazing material used in making up joints and fittings in any private or public potable water supply system or individual water user�s lines until such time as the director determines that adequate standards exist and are practiced in the manufacture of water pipe used to carry potable water and solders, fillers or brazing material used in making up joints and fittings to insure that the pipe and solder do not present a present or potential threat to the public health in this state.

�� (2) The director shall adopt, by rule, product acceptability criteria for water pipe used to carry potable water and solders, fillers or brazing material used in making up joints and fittings for water supply purposes which insure that the pipe and solder do not present a threat to the public health in this state. The Oregon Health Authority shall be responsible for the monitoring of the sale and use of water pipe used to carry potable water and solders, fillers or brazing material used in making up joints and fittings for compliance with the product acceptability criteria. The Department of Consumer and Business Services shall cooperate with, and assist, the authority in its monitoring efforts.

�� (3) No water pipe used to carry potable water or solders, fillers or brazing material used in making up joints and fittings which does not conform to the product acceptability criteria adopted under subsection (2) of this section shall be sold in this state or installed in any part of any public or private potable water supply system or individual water user�s lines.

�� (4) Notwithstanding subsection (1) or (3) of this section, the director may grant exemptions from any prohibition of the sale or use of water pipe used to carry potable water for the emergency repair or replacement of any existing part of a water supply system, or for the necessary use by a well driller in the installation of a well. The director may require any person using water pipe used to carry potable water under this subsection to notify the authority of the date and location of that use. [1979 c.535 �1; 1987 c.414 �152; 2009 c.595 �864]

(Grants to Protect, Restore or Enhance Sources of Drinking Water)

�� 448.370 Grant program; rules. (1) As used in this section, �water supplier� and �water system� have the meanings given those terms in ORS 448.115.

�� (2) The Oregon Watershed Enhancement Board shall establish a program to provide grants to water suppliers to protect, restore or enhance sources of drinking water.

�� (3) Grants awarded under this section shall be used by a grant recipient for:

�� (a) Acquiring lands from willing sellers where the protection, restoration or enhancement of those lands will benefit a source of drinking water used by the water supplier;

�� (b) Entering into covenants, easements or similar agreements to protect, restore or enhance lands described in paragraph (a) of this subsection; or

�� (c) Repaying a loan used to finance a project to protect, restore or enhance lands consistent with paragraph (a) or (b) of this subsection.

�� (4)(a) Grants awarded under this section may not exceed $3 million.

�� (b) The board shall award grants under this section on a rolling basis.

�� (5) For purposes of obtaining a grant under this section, a water supplier may form a partnership with a holder, as defined in ORS 271.715, other than a state agency. The board may establish by rule requirements for partnerships formed pursuant to this subsection.

�� (6) Applications for a grant under this section shall be made in the form and manner prescribed by the board. An application must demonstrate that the project will protect, restore or enhance a source of drinking water, and must be supported by evidence. The board shall review completed grant applications, rank grant applications based on criteria established by the board by rule under subsection (7) of this section and approve or deny the applications. If the board denies a grant application, the board shall notify the applicant in writing of the reason or reasons that the grant application was denied.

�� (7) The board shall adopt rules for the administration of the grant program established under this section. Rules adopted under this subsection may include, but need not be limited to:

�� (a) Eligibility criteria for water suppliers, including but not limited to:

�� (A) Eligible water system types; and

�� (B) Requirements that eligible water suppliers serve rural communities, communities experiencing lower incomes or communities that are at or below a specified population level;

�� (b) Requirements for grant applications and the grant application process;

�� (c) Criteria for ranking grant applications;

�� (d) Requirements setting forth the amount of matching funds a grant applicant must provide to be eligible to receive a grant;

�� (e) A schedule for when grant applications are due and grants will be awarded; or

�� (f) Provisions setting forth how the board will verify that grant funds have been used for the purposes for which the grant was awarded, including but not limited to:

�� (A) Provisions requiring status reports or other verification measures that ensure that the terms and conditions of any agreement between the board and the grant recipient are being performed;

�� (B) Provisions describing methods of protecting, enhancing or restoring sources of drinking water; and

�� (C) Provisions requiring the development of a long-term management plan for acquired lands.

�� (8)(a) A grant recipient is responsible for fulfilling the terms and conditions of any agreement:

�� (A) Between the grant recipient and the board; and

�� (B) Between the grant recipient and a landowner, or other person, necessary for the grant recipient to carry out the project for which a grant has been awarded.

�� (b) The board is not liable to any person for the failure of a grant recipient to fulfill the terms or conditions of any agreement between the person and the grant recipient. [2023 c.606 �1]

�� Note: 448.370 to 448.380 were enacted into law by the Legislative Assembly but were not added to or made a part of ORS chapter 448 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

�� 448.375 Biennial report. No later than April 1 of each even-numbered year, the Oregon Watershed Enhancement Board shall submit a report, in the manner provided by ORS 192.245, to the interim committees of the Legislative Assembly related to water. The report shall describe the performance of the grant program established under ORS 448.370. The report must include, but need not be limited to:

�� (1) Each grant awarded under the program since the last report;

�� (2) The types and amounts of resources leveraged by grant moneys;

�� (3) A description of projects currently in development;

�� (4) An estimate of future project demand; and

�� (5) Recommendations, if any, for changes to the design, scope or administration of the program to better fulfill the purposes of ORS 448.370. [2023 c.606 �2]

�� Note: See note under 448.370.

�� 448.380 Community Drinking Water Enhancement and Protection Fund. The Community Drinking Water Enhancement and Protection Fund is established in the State Treasury, separate and distinct from the General Fund. Interest earned by the Community Drinking Water Enhancement and Protection Fund shall be credited to the fund. The fund shall consist of all moneys credited to the fund, including moneys appropriated or transferred to the fund by the Legislative Assembly. Moneys in the fund are continuously appropriated to the Oregon Watershed Enhancement Board for the purpose of carrying out ORS 448.370. [2023 c.606 �4]

�� Note: See note under 448.370.

OPERATOR CERTIFICATION FOR SEWAGE TREATMENT WORKS AND POTABLE WATER TREATMENT PLANTS

(Generally)

�� 448.405 Definitions for ORS 448.405 to 448.465. As used in ORS 448.405 to 448.465:

�� (1) �Commission� means the Environmental Quality Commission.

�� (2) �Department� means the Department of Environmental Quality.

�� (3) �Director� means the Director of the Department of Environmental Quality.

�� (4) �Operator� means a person responsible for the operation of a potable water treatment plant, water distribution system or sewage treatment works.

�� (5) �Person� means any individual, partnership, firm, association, joint venture, public or private corporation, trust, estate, commission, board, public or private institution, utility, cooperative, municipality or any other political subdivision of this state, any interstate body or any other legal entity.

�� (6) �Potable water treatment plant� means that portion of a water system that in some way alters the physical, chemical or bacteriological quality of the water being treated.

�� (7) �Sewage treatment works� means any structure, equipment or process required to collect, carry away and treat domestic waste and dispose of sewage as defined in ORS

ORS 517.920

517.920. [Formerly 517.970]

�� 517.730 Drill hole or well abandonment; rules. (1) The State Department of Geology and Mineral Industries shall consult with the Water Resources Department on the development of rules covering drill hole or monitoring well abandonment procedures, including procedures for the abandonment of holes and wells for which no exploration permit is required in ORS 517.705.

�� (2) Nothing in ORS 517.702 to 517.740 prohibits the conversion of exploration drill holes or monitoring wells to water wells, provided that the conversion conforms to the standards and rules of the Water Resources Department. [Formerly 517.972; 2020 s.s.2 c.4 �12]

�� 517.735 Exploration on land administered by Department of State Lands. The Department of State Lands and the State Department of Geology and Mineral Industries shall coordinate the regulation of any exploration project on land administered by the Department of State Lands. [Formerly 517.974]

�� 517.740 Rules. In consultation with the Environmental Quality Commission, Water Resources Commission and the State Land Board, the State Department of Geology and Mineral Industries governing board shall adopt rules to carry out the provisions of ORS 517.702 to 517.755,

ORS 520.210

520.210]

�� 520.070 [Repealed by 1953 c.667 �21]

�� 520.075 [1953 c.667 �9; 1961 c.671 �16; renumbered 520.220]

�� 520.080 [Repealed by 1953 c.667 �21]

�� 520.085 [1953 c.667 �10; 1961 c.671 �17; renumbered 520.230]

�� 520.090 [Repealed by 1953 c.667 �21]

�� 520.095 Rules and orders; bond. The governing board of the State Department of Geology and Mineral Industries may adopt rules and issue orders, and the department may issue orders, as may be necessary in the proper administration and enforcement of this chapter, including but not limited to rules and orders for the following purposes:

�� (1) To require the drilling, casing and plugging of wells to be done in such a manner as to prevent the escape of oil or gas out of one stratum to another; to prevent the intrusion of water into oil or gas strata; to prevent the pollution of fresh water supplies by oil, gas or salt water; and to require reasonable bond conditioned upon compliance with applicable laws and rules and upon the performance of the duty to plug each dry or abandoned well.

�� (2) To compel the filing of logs from wells, including electrical logs, if any are taken, drilling records, typical drill cuttings or cores, if cores are taken, with the office of the State Geologist.

�� (3) To prevent wells from being drilled, operated and produced in such a manner as to cause injury to neighboring leases or property.

�� (4) To prevent the drowning by water of any stratum or part thereof capable of producing oil or gas in paying quantities, and to prevent the premature and irregular encroachment of water that reduces, or tends to reduce, the total ultimate recovery of oil or gas from any pool.

�� (5) To require the operation of wells with efficient gas-oil ratios, and to fix ratios.

�� (6) To prevent blowouts, caving and seepage in the same sense that conditions indicated by such terms are generally understood in the oil and gas business.

�� (7) To prevent fires.

�� (8) To identify the ownership of all oil and gas wells, producing leases, tanks, plants, structures and all storage equipment and facilities.

�� (9) To regulate the stimulation and chemical treatment of wells.

�� (10) To regulate secondary recovery methods, including the introduction of gas, air, water or other substance into producing formations.

�� (11) To require the filing currently of information as to the volume of oil and gas, or either of them, produced and saved from the respective properties.

�� (12) To require the protection of ground water.

�� (13) To require the disposal of salt water and oil field waste so as not to damage land or property unnecessarily.

�� (14) To require that wells drilled for oil or gas be logged adequately enough to identify the geologic formations penetrated by the wells.

�� (15) To regulate the underground storage of natural gas and the drilling and operation of any wells required therefor.

�� (16) To require the mitigation of off-site impacts of drilling and to require reclamation for subsequent beneficial use of drill sites and adjacent areas adversely affected by drilling or use of the well and the filling of sumps.

�� (17) To require performance bonds or other forms of financial security for compliance with the requirements of this chapter and rules adopted or orders issued under this chapter.

�� (18) To regulate exploratory wells, including stratigraphic wells and seismic program test wells, subject to the limitations in ORS 520.027.

�� (19) To regulate geological, geophysical and seismic surveys on, and operations to remove oil, gas and sulfur from, the tidal submerged and submersible lands of this state under ORS 274.705 to 274.860. [1953 c.667 �7; 1961 c.671 �18; 1973 c.276 �3; 1977 c.296 �2; 1981 c.146 �2; 1989 c.365 �1; 2007 c.672 �10]

�� 520.097 Abandonment or completion of well; well logs and records; trade secrets. (1) For a period of two years from the date of abandonment or completion of a well, all well logs and records and well reports submitted to the State Department of Geology and Mineral Industries are trade secrets under ORS 192.345 and are not subject to public disclosure under ORS 192.311 to 192.478, and all drill cuttings and cores may not be disclosed to the public unless such protection is waived by the permittee or disclosure is required by a court order.

�� (2) The department may extend the period under subsection (1) of this section up to an additional five years on the request of the permittee or the permittee�s successor in interest. [2007 c.672 �12]

�� 520.100 [Repealed by 1953 c.667 �21]

�� 520.105 [1953 c.667 �11; 1961 c.671 �19; repealed by 2007 c.672 �24]

�� 520.110 [Repealed by 1953 c.667 �21]

�� 520.115 [1953 c.667 �12; repealed by 2007 c.672 �24]

�� 520.120 [Repealed by 1953 c.667 �21]

�� 520.125 Authority of board to summon witnesses and require production of evidence. (1) The governing board of the State Department of Geology and Mineral Industries may summon witnesses, administer oaths and require the production of records, books and documents for examination at any hearing or investigation conducted before the board.

�� (2) In case of failure or refusal on the part of any person to comply with the subpoena issued by the board or in the case of the refusal of any witness to testify as to any matter regarding which the witness may lawfully be interrogated it shall be the duty of the circuit court of any county or any judge thereof, upon application of the board, to issue an order to show cause why such person should not be held for contempt as in the case of disobedience of the requirements of a subpoena issued from such court or a refusal to testify therein.

�� (3) The board may, in any matter before the board, cause the depositions of witnesses residing within or without the state to be taken in the manner prescribed by law for like depositions in civil suits in the circuit courts of this state. [1953 c.667 �13; 2005 c.22 �374; 2007 c.672 �13]

�� 520.130 [Repealed by 1953 c.667 �21]

�� 520.135 [1953 c.667 �14; repealed by 2007 c.672 �24]

�� 520.145 Judicial review of board or department actions. Any person adversely affected by any rule adopted by the governing board of the State Department of Geology and Mineral Industries under this chapter or any order issued by the board or the State Department of Geology and Mineral Industries under this chapter may obtain judicial review thereof pursuant to ORS chapter 183. [1953 c.667 �15; 1961 c.671 �20; 1979 c.562 �15; 1981 c.146 �3; 2007 c.672 �14]

�� 520.155 Records, accounts, reports and writings not to be falsified, altered, destroyed or removed from state. A person may not, for the purpose of evading the provisions of this chapter or any rule adopted or order issued under this chapter, make or cause to be made any false entry or statement in a report required by this chapter or by any rule or order under this chapter, make or cause to be made any false entry in any record, account or other writing required by this chapter or by any rule or order under this chapter, omit or cause to be omitted from any such record, account or writing full, true and correct entries as required by this chapter or any rule or order under this chapter, or remove from this state or destroy, mutilate, alter or falsify any such record, account or writing. [1953 c.667 �16; 2007 c.672 �15]

�� 520.165 Aiding or abetting in violation of chapter prohibited. A person may not knowingly aid or abet any other person in the violation of any provision of this chapter or any rule adopted or order issued under this chapter. [1953 c.667 �17; 2007 c.672 �16]

�� 520.175 Injunctions to restrain violation or threatened violation of chapter. (1) Whenever it appears that any person is violating or threatening to violate any provision of this chapter or any rule adopted or order issued under this chapter, the governing board of the State Department of Geology and Mineral Industries may bring an action against such person in the circuit court of any county where the violation occurs or is threatened, to restrain such person from continuing such violation. In any such action, the court shall have jurisdiction to grant to the board, without bond or other undertaking, such temporary restraining orders or final prohibitory and mandatory injunctions as the facts may warrant, including any such orders restraining the movement or disposition of oil or gas.

�� (2) If the board fails to bring an action to enjoin a violation or threatened violation of any provision of this chapter or any rule adopted or order issued under this chapter, within 60 days after receipt of a written request to do so by any person who is or will be adversely affected by such violation, then the person making such request may bring an action to restrain such violation or threatened violation in any court in which the board might have brought such action. The board shall be made a party defendant in such action in addition to the person or persons bringing the action and the action shall proceed and injunctive relief may be granted without bond in the same manner as if the action had been brought by the board. [1953 c.667 �18; 1979 c.284 �162; 2007 c.672 �17]

SPACING UNITS

�� 520.210 Establishment of spacing units for pool or field; purpose; scope; effect. (1) When necessary to prevent waste of oil or gas, to avoid the drilling of unnecessary wells or to protect correlative rights, the governing board of the State Department of Geology and Mineral Industries shall establish spacing units for a pool or field. Spacing units when established shall be of uniform size and shape for the entire pool or field, except that when found to be necessary for any of the above purposes the board is authorized to divide any pool or field into zones and establish spacing units for each zone, which units may differ in size and shape from those established in any other zone. The board may not establish spacing units for injection wells, withdrawal wells or monitoring wells drilled for the purpose of storing gas or other gaseous substances, or wells drilled for the underground disposal of fluids.

�� (2) The size and shape of spacing units shall be such as will result in efficient and economical development of the pool or field as a whole and the size thereof may not be smaller than the maximum area that can be efficiently drained by one well.

�� (3) An order establishing spacing units for a pool or field shall specify the size and shape of each unit and the location of each permitted well thereon in accordance with a reasonably uniform spacing plan. If an owner finds that a well drilled at the prescribed location would not produce in paying quantities or that surface conditions would substantially add to the burden or hazard of drilling such well, then the owner may apply to the department for permission to drill a well at a location other than that prescribed by such spacing order. The department shall notify adjacent mineral owners of such application and any such owner may request a hearing by the board to consider the application. If no request for a hearing is made in writing within 20 days, the department may issue an order approving the drilling site. Any order by the board or department under this section shall include in the order suitable provisions to prevent the production from the spacing unit of more than its just and equitable share of the oil and gas in the pool.

�� (4) An order establishing spacing units for a pool or field shall cover all lands determined or believed to be underlaid by such pool or field and may be modified by the board from time to time to include additional areas determined to be underlaid by such pool or field. When necessary to prevent waste of oil or gas, to protect correlative rights or to provide for more efficient drainage, an order establishing spacing units in a pool or field may be modified by the board to increase the size of spacing units for future wells in a pool or field or any zone thereof or to permit the drilling of additional wells on a reasonably uniform plan in such pool, field or zone. [Formerly 520.065; 1981 c.146 �4; 2007 c.672 �18]

�� 520.220 Integrating interests or tracts within spacing unit. (1) When two or more separately owned tracts are embraced within a spacing unit or when there are separately owned interests in all or a part of such spacing unit, then the interested persons may integrate their tracts or interests for the development and operation of the spacing unit.

�� (2) In the absence of voluntary integration, the governing board of the State Department of Geology and Mineral Industries, upon the application of any interested person, shall make an order integrating all tracts or interests in the spacing unit for the development and operation thereof and for the sharing of production therefrom. The board, as a part of the order establishing one or more spacing units, may prescribe the terms and conditions upon which the royalty interests in the units shall, in the absence of voluntary agreement, be deemed to be integrated without the necessity of a subsequent order integrating royalty interests. Each such integration order shall be upon terms and conditions that are just and reasonable. [Formerly 520.075]

UNIT OPERATIONS

�� 520.230 Approved agreement for cooperative or unit development of pool not to be construed as violating certain regulatory laws. (1) An agreement for the unit or cooperative development and operation of a field or pool in connection with the conduct of repressuring or pressure maintenance operations, cycling or recycling operations, including the extraction and separation of liquid hydrocarbons from natural gas in connection therewith, or any other method of operation, including water floods, is authorized and may be performed and shall not be held or construed to violate ORS 59.005 to 59.505, 59.710 to 59.830,

ORS 520.260

520.260 to 520.330 and 520.230 (2).

�� (13) �Underground reservoir� means any subsurface sand, strata, formation, aquifer, cavern or void whether natural or artificially created, suitable for the injection and storage of natural gas therein and the withdrawal of natural gas therefrom, but excluding a pool.

�� (14) �Underground storage� means the process of injecting and storing natural gas within and withdrawing natural gas from an underground reservoir.

�� (15) �Waste of oil or gas� means:

�� (a) The inefficient, excessive or improper use or dissipation of reservoir energy of any pool, or the locating, spacing, drilling, equipping, operating or producing of any oil well or gas well in a manner that results or may result in reducing the quantity of oil or gas ultimately recoverable from any pool; or

�� (b) The inefficient storing of oil and the locating, spacing, drilling, equipping, operating or producing of oil wells or gas wells in a manner that causes or may cause unnecessary or excessive surface loss or destruction of oil or gas.

�� (16)(a) �Well� means a well drilled for the purpose of producing or storing oil or gas or other gaseous substances, reservoir pressure maintenance, disposal of produced fluids, and injection of water as part of a water flood.

�� (b) �Well� includes a well drilled in search of a new or undiscovered pool, or with the intent of extending the limits of a developed pool.

�� (c) �Well� does not include an information hole or a hole drilled as part of a seismic program. [1953 c.667 �1; 1961 c.671 �15; 1973 c.276 �1; 1977 c.296 �1; 2007 c.672 �1; 2009 c.294 �18]

�� 520.010 [Repealed by 1953 c.667 �21]

�� 520.015 [1953 c.667 �2; 1999 c.59 �164; repealed by 2007 c.672 �24]

�� 520.017 Fees; rules; disposition of fees. (1) The following fees are established under this chapter:

�� (a) The application fee for a permit to drill a well is $5,000.

�� (b) The fee to modify a well permit, information hole permit or seismic program permit is $5,000.

�� (c) The annual renewal fee for a well permit, information hole permit or seismic program permit is $4,000.

�� (d) The application fee for a permit to drill an information hole may not exceed $2,500 per five information holes drilled in a contiguous 640-acre area. The State Department of Geology and Mineral Industries shall base the fee on the estimated cost of review and approval and the number and location of information holes to be drilled.

�� (e) The fee for approval of a seismic program may not exceed $2,500. The department shall base the fee on the estimated cost of review and approval.

�� (f) A permittee that requests to transfer a well permit, information hole permit or seismic program permit must pay a nonrefundable fee of $5,000 at the time of the request.

�� (2) The governing board of the department by rule may specify a schedule of fees for costs incurred by the department for activities related to field designation for purposes of this section.

�� (3) All moneys received by the department under this section shall be paid into the State Treasury and deposited in the General Fund to the credit of the Geology and Mineral Industries Account established in ORS 516.070. [2007 c.672 �3; 2020 s.s.2 c.4 �6; 2025 c.601 �5]

�� 520.020 [Repealed by 1953 c.667 �21]

�� 520.025 Permit for drilling well or using well; extension; annual report; grounds for granting or denying permit. (1) A person may not drill or use a well without first obtaining a permit from the State Department of Geology and Mineral Industries and posting any bond that may be required pursuant to ORS 520.095 (1). When drilling has been completed, the well must be maintained under a permit until it is properly plugged and the site is reclaimed.

�� (2) A permittee maintaining or operating a well shall provide the department with an annual report on a form provided by the department. Subject to the determinations in subsection (3) of this section, a permittee shall renew the permit for a well by paying the fee established under ORS 520.017.

�� (3)(a) If upon receipt of the application the department determines that the method and equipment to be used by the applicant in drilling or operating the well comply with applicable laws and rules, the department shall issue the permit.

�� (b) The department may refuse to issue, refuse to renew or revoke a permit issued pursuant to this section if the department determines that methods or equipment to be used or being used in drilling or operating the well do not comply with applicable laws or rules, or that the well will not be operated and maintained or is not being operated or maintained in compliance with the permit and applicable laws or rules. [1953 c.667 �5; 1973 c.276 �2; 1977 c.296 �3; 1981 c.146 �1; 1991 c.526 �1; 2007 c.672 �4; 2020 s.s.2 c.4 �7]

�� 520.027 Information holes; holes drilled as part of seismic program; trade secrets. (1) A person may not drill an information hole or a hole drilled as part of a seismic program without first applying for approval from the State Department of Geology and Mineral Industries and paying the fee established in ORS 520.017. The application must be submitted on a form provided by the department and must include all information requested by the department.

�� (2) A person issued an approval under this section shall comply with all terms of the department�s approval and any other applicable law or rule. The department may not require the person receiving approval under this section to provide information from seismic programs. The department may require the submittal of information from information holes, but the information is a trade secret under ORS 192.345 and is not subject to public disclosure under ORS 192.311 to

ORS 522.015

522.015, 522.405 to 522.545, 522.815 and 522.990.

�� (3) The development of a unit agreement under subsections (1) and (2) of this section shall be conducted as a rulemaking proceeding in accordance with ORS chapter 183 unless an interested party requests that it be conducted as a contested case in accordance with ORS chapter 183. In either event, notice shall be given in accordance with the applicable provisions of ORS chapter 183.

�� (4) As used in this section, �plant dedicated area agreement� means a contractual relationship in geothermal energy development between a geothermal resource owner and a customer which makes a specific surface area and related resource base available exclusively to that customer. [1981 c.588 �8; 1999 c.314 �75]

�� 522.410 [1971 c.776 �3; repealed by 1975 c.552 �55]

�� 522.415 Unit operation plan. A voluntary or board-sponsored unit agreement developed in response to a rule adopted or an order issued under ORS 522.405 shall provide a unit operation plan that includes:

�� (1) A description of the geothermal reservoir and the overlaying land to be operated as a unit.

�� (2) A statement of the nature of the operations contemplated.

�� (3) A provision for credits and charges to be made in the adjustment among the owners in a unit area for their respective investments in geothermal wells, prospect wells, machinery, materials and equipment used in the unit operation.

�� (4) The division of interest or a formula for apportionment of unit production among the separately owned tracts within the unit area which reasonably permits a person or state or local governing body, special district or agency otherwise entitled to share in or benefit by production from a tract to receive an equitable and reasonable share of the unit production or other benefit. An equitable and reasonable share of unit production is measured by the proportion the value of the separately owned tract for geothermal resources recovery bears to the value of the unit for that purpose, taking acreage into account.

�� (5) Provisions which state how the costs will be paid, how unit production is to be measured and when, how and by whom unit production is to be allocated. The provision shall provide that unit production due to an owner who does not pay that owner�s share of the cost of unit operation or that owner�s interest may be sold and the proceeds applied to the cost.

�� (6) A provision, if necessary, for making financing available to any person or state or local governing body, special district or agency that wishes to obtain financing. The provision shall allow a reasonable interest charge for the service payable out of that respective share of production.

�� (7) A provision for the supervision and conduct of the unit operation. Each person or state or local governing body, special district or agency shall have a vote on the provision with a weight corresponding to the percentage of the cost of unit operation chargeable against that respective interest.

�� (8) The time when the unit operation shall begin and the manner and circumstances under which the unit operation shall terminate.

�� (9) Provisions, if necessary, for the protection of preexisting water users within the unit area and for administration of future water development from the reservoir covered by the unit agreement. [1981 c.588 �9]

�� 522.420 [1971 c.776 �35; repealed by 1975 c.552 �55]

�� 522.425 Provisions in rule or order requiring unit operation. Any rule or order of the governing board of the State Department of Geology and Mineral Industries providing for the unit operation of a geothermal resource area may include provisions for:

�� (1) Division of a reservoir into zones;

�� (2) Establishment of spacing units, including a description of their location, size and shape;

�� (3) The integration of separately owned tracts or interests within a spacing unit, the development and operation of the spacing unit and the sharing of production;

�� (4) The protection of existing and future beneficial uses of water;

�� (5) Maintenance of the renewability of geothermal resources and any other natural resources; and

�� (6) Any additional provisions the board considers necessary for carrying out the provisions of this chapter or for protection of the public health, safety and welfare. [1981 c.588 �10]

�� 522.430 [1971 c.776 �36; repealed by 1973 c.388 �8]

�� 522.435 Rule, order to supersede previous board action. Any rule adopted or order entered under ORS 522.405 shall supersede any right or privilege previously granted by the governing board of the State Department of Geology and Mineral Industries to the same person or state or local governing body, special district or agency with respect to the reservoir. [1981 c.588 �11]

�� 522.440 [1971 c.776 �38; repealed by 1973 c.388 �8]

�� 522.445 Condition to effectiveness of unitization plan and unit agreement. (1) No rule or order of the governing board of the State Department of Geology and Mineral Industries which creates a unit and prescribes a unitization plan and no applicable unit agreement shall be effective unless the plan of unit operation required by the board under ORS 522.405 has been approved in writing by:

�� (a) The operators who will be required to pay under the board�s rule or order at least 75 percent of the unit operation costs; and

�� (b) The persons or state or local governing body, special district or agency that, at the time of the board rule or order, own record legal title to 75 percent of the royalties payable with respect to the geothermal resource produced from the unit area.

�� (2) If the royalty owners who own the required percentage interest in the unit area and the operators have not approved the unitization plan within six months of the date on which the rule or order creating the unit is adopted or entered, that rule or order shall become ineffective and shall be considered to have been repealed or revoked by the board. [1981 c.588 �12]

�� 522.450 [1971 c.776 �37; repealed by 1973 c.388 �8]

�� 522.455 Rehearing on rule or order; judicial review. (1) Any person or state or local governing body, special district or agency with an interest in geothermal resources within an area to be designated as a unit that is adversely affected by any rule or order of the governing board of the State Department of Geology and Mineral Industries may apply to the board for a rehearing within 30 days after the adoption of the rule or entry of the order. The board shall decide within 45 days after the filing date of the rule or order whether to grant a rehearing. If granted, the rehearing shall be held without undue delay. Failure to act within the 45-day period constitutes approval of the rehearing request.

�� (2) Any person or state or local governing body, special district or agency that holds a working interest in geothermal resources in a designated or proposed unit area that is adversely affected by any rule promulgated or order entered by the board may obtain judicial review of the rule or order pursuant to ORS chapter 183. [1981 c.588 �13]

�� 522.460 [1971 c.776 �4; repealed by 1975 c.552 �55]

�� 522.465 Appointment of unit operator. As part of a proposed rule or order designating a unit area and approving a unitization plan or as part of a unit agreement, the working interest owners under the agreement, within the time specified by the governing board of the State Department of Geology and Mineral Industries, shall appoint the unit operator. If the working interest owners do not make the appointment within the specified time, the board shall appoint the unit operator. [1981 c.588 �14]

�� 522.470 [1971 c.776 �22; 1973 c.388 �5; repealed by 1975 c.552 �55]

�� 522.475 Board review of disputes over unit operation; appeal. (1) Any disagreement with respect to the unit operation between persons or between persons and state or local governing bodies, special districts or agencies owning any interest in the geothermal resources in a unit area, or between persons or state and local governing bodies, special districts or agencies owning an interest in geothermal resources in a unit area and a unit operator, including a dispute over replacement of a unit operator, may be submitted to the governing board of the State Department of Geology and Mineral Industries for its review and decision.

�� (2) The board decision under this section may be appealed to the Court of Appeals. The appeal must be filed within 60 days of the date of the board�s decision. [1981 c.588 �15]

�� 522.480 [1971 c.776 �33; 1973 c.388 �6; repealed by 1975 c.552 �55]

�� 522.485 Amendment of unitization plan. Subject to the same conditions and limitations provided with respect to the creation of a unit, the following may occur:

�� (1) A unit area may be enlarged to include adjoining portions of the same geothermal resource area, including another unit area, and a new unit created for the unitized management, operation and development of the enlarged unit area; or

�� (2) The unitization plan may be otherwise amended, including, but not limited to, an amendment reducing unit area size. [1981 c.588 �16]

�� 522.495 Presumptions regarding conduct of operation. Any operation on any portion of the unit area, including, but not limited to, the drilling or operation of a well, is considered for all purposes the conduct of the same operation on the whole unit area. The portion of unit production allocated to a separately owned tract in a unit area is considered for all purposes to actually have been produced from a well drilled upon that tract. An operation conducted pursuant to a board rule adopted or order issued under ORS 522.405 constitutes a fulfillment of all express or implied obligations under each lease or contract covering lands in the unit area. [1981 c. 588 �17]

�� 522.505 Unauthorized operation in unit area prohibited; exemption. (1) The operation of a geothermal well in a unit area by anyone other than by a person or state or local governing body, special district or agency acting under the unit�s authority shall be unlawful. That operation is prohibited from the effective date of the board rule or order creating the unit and prescribing the unitization plan or the unit agreement, except in the manner and to the extent provided in the unitization plan or agreement.

�� (2) The provisions of ORS 273.775, 308A.050 to 308A.128, 522.005, 522.015, 522.405 to

ORS 522.990

522.990�� Penalties

GENERAL PROVISIONS

�� 522.005 Definitions. As used in this chapter, unless the context requires otherwise:

�� (1) �Board� means the governing board of the State Department of Geology and Mineral Industries.

�� (2) �By-product� means any mineral or minerals, exclusive of helium or of oil, hydrocarbon gas or other hydrocarbon substances, that are found in solution or in association with geothermal resources and that have a value of less than 75 percent of the value of the geothermal resource or are not, because of quantity, quality, or technical difficulties in extraction and production, of sufficient value to warrant extraction and production by themselves.

�� (3) �Completed geothermal well� means a well producing geothermal resources for which the operator has received the department�s written assurance that the manner of drilling of and producing geothermal resources from the well are satisfactory.

�� (4) �Cooperative agreement� means an agreement or plan of development and operation for the production or utilization of geothermal resources in which separate ownership units independently operate without allocation of production.

�� (5) �Correlative rights� means the right of each owner in a geothermal area to obtain that owner�s just and equitable share of the underlying geothermal resource, or an economic equivalent of that share of the resource, produced in a manner and in an amount that does not injure the reservoir to the detriment of others.

�� (6) �Department� means the State Department of Geology and Mineral Industries.

�� (7) �Drilling� includes drilling, redrilling and deepening of a geothermal well.

�� (8) �Enhanced recovery� means the increased recovery from a reservoir achieved by artificial means or by the application of energy extrinsic to the reservoir. The artificial means include, but are not limited to, reinjection of hot brine, fluid or water into a reservoir.

�� (9) �Geothermal area� means any parcel of land that is, or reasonably appears to be, underlaid by geothermal resources.

�� (10) �Geothermal reinjection well� means any well or converted well constructed to dispose of geothermal fluids derived from geothermal resources into an underground reservoir.

�� (11) �Geothermal resources� means the natural heat of the earth, the energy, in whatever form, below the surface of the earth present in, resulting from, or created by, or that may be extracted from, the natural heat, and all minerals in solution or other products obtained from naturally heated fluids, brines, associated gases, and steam, in whatever form, found below the surface of the earth, exclusive of helium or of oil, hydrocarbon gas or other hydrocarbon substances, but including, specifically:

�� (a) All products of geothermal processes, including indigenous steam, hot water and hot brines;

�� (b) Steam and other gases, hot water and hot brines resulting from water, gas, or other fluids artificially introduced into geothermal formations;

�� (c) Heat or other associated energy found in geothermal formations; and

�� (d) Any by-product derived from them.

�� (12) �Geothermal well� includes any excavation made for producing geothermal resources and any geothermal reinjection well.

�� (13) �Land� means both surface and mineral rights.

�� (14) �Operator� means the person:

�� (a) Who possesses the legal right to drill a geothermal well;

�� (b) Who has obtained a drilling permit pursuant to ORS 522.135; or

�� (c) Who possesses the legal right to operate a completed geothermal well or who has been granted the authority to operate the well by that person.

�� (15) �Prospect well� includes any well drilled as a geophysical test well, seismic shot hole, mineral exploration drilling, core drilling or temperature gradient test well and drilled in prospecting for geothermal resources. �Prospect well� does not include a geothermal well.

�� (16) �Reservoir� means an aquifer or combination of aquifers or zones containing a common geothermal or ground water resource. �Reservoir� includes, but is not limited to, a hot dry rock conductive system.

�� (17) �Royalty interest� means a right or interest in geothermal resources produced from land or in the proceeds of the first sale of those resources.

�� (18) �Unit agreement� means an agreement or plan of development and operation developed under the provisions of ORS 273.775, 308A.050 to 308A.128, 522.015, 522.405 to

ORS 536.076

536.076:

�� (a) Any person may submit a protest against a proposed final order.

�� (b) Unless a timeline is otherwise specified under ORS chapter 537, 540 or 541, the protest must be submitted within 45 days after publication of the notice of the proposed final order in a weekly public notice of the Water Resources Department or, if weekly public notice is not required, within 45 days after issuance of notice of the proposed final order.

�� (c) The protest must:

�� (A) Be in writing;

�� (B) Include the name, address and telephone number of the protestant;

�� (C) Include a description of the protestant�s interest in the proposed final order and, if the protestant claims to represent the public interest, a precise statement of the public interest represented;

�� (D) Include a detailed description of how the action proposed in the proposed final order would impair or be detrimental to the protestant�s interest;

�� (E) Raise an issue with sufficient specificity to allow response to the issue, as described in subsection (3)(b) of this section;

�� (F) Identify any citation of legal authority supporting the protest, if known; and

�� (G) Include the protest fee required under ORS 536.050.

�� (2) If a protest is submitted, within 30 days after the deadline for filing a protest:

�� (a) Any person who supports the proposed final order may file a request for party status for the purpose of participating in any contested case proceeding on the proposed final order or for judicial review of a final order resulting from the proposed final order.

�� (b) The request for party status must:

�� (A) Be in writing.

�� (B) Meet all requirements established in rule by the Water Resources Commission.

�� (C) Include the fees described in ORS 536.050 (1)(n) and (o).

�� (3) In a contested case proceeding under this section:

�� (a) A hearing need not occur if:

�� (A) All issues in the contested case are resolved as part of a settlement;

�� (B) The protest is withdrawn; or

�� (C) The protestant defaults.

�� (b) A protest must raise an issue with sufficient specificity to allow response to the issue. To raise an issue with sufficient specificity, the protest must:

�� (A) Identify the recommended findings of fact, conclusions of law or conditions of approval to which the protestant objects; and

�� (B) Explain how the issues raised in the protest are within the jurisdiction of the department.

�� (c) Not later than the end of the protest period, each person that submits a protest shall raise all reasonably ascertainable issues and submit all reasonably available arguments that support the person�s position.

�� (d) A failure to raise a reasonably ascertainable issue in a protest or a failure to provide sufficient specificity to afford the department an opportunity to respond to the issue precludes judicial review of that issue.

�� (4) If no protest on a proposed final order that is subject to this section and ORS 536.076 is timely received, as a matter of law, the proposed final order shall become a final order on the date that is 33 days after the close of the time period for submitting a protest, with no further action required by the department.

�� (5) Notwithstanding subsection (4) of this section, not more than 33 days after the close of the time period for submitting a protest, the department may withdraw a proposed final order for reconsideration and issuance of a superseding proposed final order.

�� (6) The department shall refund the fees described in ORS 536.050 (1)(o) if party status is denied.

�� (7) The Water Resources Commission may adopt rules necessary to implement this section. [2025 c.575 �3; 2025 c.575 �3a]

�� Note: Section 24, chapter 575, Oregon Laws 2025, provides:

�� Sec. 24. (1) Notwithstanding ORS 536.031 (1), rules adopted under section 2 [536.076] or 3 [536.077] of this 2025 Act apply to aspects of a contested case proceeding that occur on or after the effective date of this 2025 Act [January 1, 2026], for a protest:

�� (a) That was submitted before, on or after the effective date of this 2025 Act; and

�� (b) That was not referred to the Office of Administrative Hearings before the effective date of this 2025 Act.

�� (2) For protests that were pending on or before the effective date of this 2025 Act, the Water Resources Department shall provide to applicants, protestants, persons that submitted a request for standing and persons that have requested or been granted party status notice of the provisions and requirements of sections 2 and 3 of this 2025 Act. Notwithstanding section 3 of this 2025 Act, the department shall provide not less than 90 days after issuance of the notice for:

�� (a) A person that submitted a request for standing to request party status in an existing contested case proceeding.

�� (b) A protestant in an existing contested case proceeding to amend the protest as necessary to comply with the provisions of section 3 of this 2025 Act. The amended protest may not add issues not raised in the original protest.

�� (3) A person that submitted a request for party status before the effective date of this 2025 Act need not amend the request. [2025 c.575 �24]

�� 536.080 Effect of records of former State Water Board and State Water Superintendent. The transfer of functions from the former State Water Board and State Water Superintendent to the State Engineer, effected by chapter 283, Oregon Laws 1923, shall not impair the legal force and effect in any water right adjudication, suit, action or other proceeding before the State Engineer, or in the courts or other tribunals of the state, of the official records of, or any evidence filed with, said State Water Board or State Water Superintendent.

�� 536.090 Ground water advisory committee; duties; qualification; term; expenses. (1) In carrying out the duties, functions and powers prescribed by law, the Water Resources Commission shall appoint a ground water advisory committee to:

�� (a) Advise the commission on all matters relating to:

�� (A) Rules for the development, securing, use and protection of ground water; and

�� (B) Licensing of well constructors, including the examination of such persons for license.

�� (b) Review the proposed expenditure of all revenues generated under ORS 537.762. At least once each year, and before the expenditure of such funds on new program activities, the Water Resources Department and the ground water advisory committee shall develop jointly a proposed expenditure plan for concurrence by the Water Resources Commission. The plan may be modified, if necessary, upon the joint recommendation of the department and the ground water advisory committee with concurrence by the commission.

�� (2) The committee shall consist of nine members who represent a range of interests or expertise. At least three of the members shall be individuals actively engaged in some aspect of the water supply or monitoring well drilling industry. Members shall serve for such terms as the commission may specify. The committee shall meet at least once every three months and at other times and places as the commission may specify.

�� (3) A member of the committee shall not receive compensation, but at the discretion of the commission may be reimbursed for travel expenses incurred, subject to ORS

ORS 537.455

537.455 to 537.500. The rules may include formulas or other criteria for evaluating the effects of allocation of water on existing rights and for determining whether, and to what extent, mitigation shall be required. [1987 c.264 �6; 1993 c.641 �5]

�� Note: See note under 537.455.

�� 537.485 Priority of right to use conserved water; choice of priority. (1) Notwithstanding any other provision of ORS chapter 536, 537, 538, 539, 540, 541, 542 or 543, the priority of any right to the use of conserved water, including an in-stream water right, under an application submitted and approved by the Water Resources Commission under ORS 537.465 and 537.470 shall be either the same as or one minute after the priority of the water right held by the person implementing the conservation measures.

�� (2) A person who implements a conservation measure may choose the priority of the water right for the conserved water in accordance with subsection (1) of this section. However, the priority date chosen must be the same for the portion of water allocated to the applicant and the portion of water allocated to the state. [1987 c.264 �7; 1993 c.641 �6; 2003 c.93 �5]

�� Note: See note under 537.455.

�� 537.490 Use of conserved water; notice of dispensation of right to use. (1) Any person or agency allocated conserved water under ORS 537.470 may reserve the water in stream for future out-of-stream use or otherwise use or dispose of the conserved water. Any person or agency to whom conserved water is allocated shall notify the commission of the dispensation of the right to the use of conserved water. The notice shall include:

�� (a) The name and address of the person buying or leasing the right to the use of conserved water;

�� (b) The use to which the conserved water is to be put; and

�� (c) The terms of any agreement between the appropriator and the person using the conserved water.

�� (2) Notwithstanding any other provision of law, a person who holds a water right permit or certificate having a subsequent priority to a certificate issued under ORS 537.470 may not acquire a vested right to any water or return flow of water that results from either the lease of the right to the use of conserved water or the reservation of conserved water in stream for future use under subsection (1) of this section.

�� (3) Any right to the use of conserved water sold under subsection (1) of this section:

�� (a) Shall become appurtenant to the premises upon which the purchaser uses the water; and

�� (b) Shall be subject to the provisions of ORS 540.505 to 540.586 and 540.610 to 540.650.

�� (4) When the commission receives notice of the sale of the right to the use of conserved water under subsection (1) of this section, the commission shall issue to the purchaser a new water right certificate covering the right to the use of conserved water that was sold. The certificate shall indicate the priority of the water right according to the provisions of ORS 537.485. [1987 c.264 �8; 1993 c.641 �7]

�� Note: See note under 537.455.

�� 537.495 Receipt by state agency or political subdivision of right to use conserved water. Any agency or political subdivision of this state may purchase a right to the use of conserved water, as defined under ORS 537.455, or accept a gift of a right to the use of conserved water as defined under ORS 537.455. If an agency or political subdivision requests that the conserved water remain in the stream, the commission shall manage the water in a manner that results in the conserved water remaining in the stream. [1987 c.264 �9; 1993 c.641 �8]

�� Note: See note under 537.455.

�� 537.500 Legal status of conserved water right. (1) A water right for conserved water under ORS 537.455 to 537.500 and 540.510 shall have the same legal status as any other water right for which a certificate has been issued.

�� (2) A water right for conserved water that is reserved in stream for future out-of-stream use under ORS 537.490 or that the commission manages under ORS 537.495 is not subject to cancellation under ORS 537.260 or 537.410 to 537.450 or to abandonment or forfeiture under ORS 540.610 to 540.650. [1987 c.264 �10; 1989 c.699 �3]

�� Note: See note under 537.455.

GROUND WATER

(Generally)

�� 537.505 Short title. ORS 537.505 to 537.795 and 537.992 shall be known as the �Ground Water Act of 1955.� [1955 c.708 �1; 1963 c.293 �1]

�� 537.510 [Repealed by 1955 c.708 �38]

�� 537.515 Definitions for ORS 537.505 to 537.795 and 537.992. As used in ORS 537.505 to 537.795 and 537.992, unless the context requires otherwise:

�� (1) �Altering� a well means the deepening, recasing, perforating, reperforating, the installation of packers or seals and other material changes in the design of the well.

�� (2) �Constructing� a well includes boring, digging, drilling or excavating and installing casing or well screens.

�� (3) �Converting� a well means changing the use of an existing well or hole not previously used to withdraw water such that the well or hole can be used to seek or withdraw water.

�� (4) �Geothermal fluid� means any ground water used for its thermal characteristics that is encountered in a well with a bottom hole temperature of less than 250 degrees Fahrenheit or any other fluid that is circulated within a well with a bottom hole temperature of less than 250 degrees Fahrenheit and used for its acquired thermal characteristics.

�� (5) �Ground water� means any water, except capillary moisture, beneath the land surface or beneath the bed of any stream, lake, reservoir or other body of surface water within the boundaries of this state, whatever may be the geological formation or structure in which such water stands, flows, percolates or otherwise moves.

�� (6) �Ground water reservoir� means a designated body of standing or moving ground water having exterior boundaries which may be ascertained or reasonably inferred.

�� (7) �Pollution� of ground water means any impairment of the natural quality of such ground water, however caused, including impairment by salines, minerals, industrial wastes, domestic wastes or sewage, whether indrafted directly or through infiltration into the ground water supply.

�� (8) �Public agency� means the United States or any agency thereof, the State of Oregon or any agency thereof or any county, city, district organized for public purposes or other public corporation or political subdivision of this state.

�� (9) �Well� means any artificial opening or artificially altered natural opening, however made, by which ground water is sought or through which ground water flows under natural pressure or is artificially withdrawn. �Well� does not include a temporary hole drilled for the purpose of gathering geotechnical ground water quality or ground water level information, a natural spring or a hole drilled for the purpose of:

�� (a) Prospecting, exploration or production of oil or gas;

�� (b) Prospecting or exploration for geothermal resources, as defined in ORS 522.005;

�� (c) Production of geothermal resources, as defined in ORS 522.005, derived from a depth of greater than 2,000 feet; or

�� (d) Exploration for minerals as defined in ORS 517.750 and 517.910.

�� (10) �Well drilling machine� means any power driven percussion, rotary, boring, digging or augering machine used in the construction of water wells. [1959 c.708 �3; 1961 c.334 �6; 1975 c.552 �35; 1989 c.201 �1; 1989 c.939 �1; 1991 c.200 �1; 1995 c.79 �302; 1999 c.293 �1]

�� 537.520 [Repealed by 1955 c.708 �38]

�� 537.525 Policy. (1) The Legislative Assembly recognizes, declares and finds that the right to reasonable control of all water within this state from all sources of water supply belongs to the public, and that in order to ensure the preservation of the public welfare, safety and health it is necessary that:

�� (a) Provision be made for the final determination of relative rights to appropriate ground water everywhere within this state and of other matters with regard thereto through a system of registration, permits and adjudication.

�� (b) Rights to appropriate ground water and priority thereof be acknowledged and protected, except when, under certain conditions, the public welfare, safety and health require otherwise.

�� (c) Beneficial use without waste, within the capacity of available sources, be the basis, measure and extent of the right to appropriate ground water.

�� (d) All claims to rights to appropriate ground water be made a matter of public record.

�� (e) Adequate and safe supplies of ground water for human consumption be assured, while conserving maximum supplies of ground water for agricultural, commercial, industrial, thermal, recreational and other beneficial uses.

�� (f) The location, extent, capacity, quality and other characteristics of particular sources of ground water be determined.

�� (g) Reasonably stable ground water levels be determined and maintained.

�� (h) Depletion of ground water supplies below economic levels, impairment of natural quality of ground water by pollution and wasteful practices in connection with ground water be prevented or controlled within practicable limits.

�� (i) Whenever wasteful use of ground water, impairment of or interference with existing rights to appropriate surface water, declining ground water levels, alteration of ground water temperatures that may adversely affect priorities or impair the long-term stability of the thermal properties of the ground water, interference among wells, thermal interference among wells, overdrawing of ground water supplies or pollution of ground water exists or impends, controlled use of the ground water concerned be authorized and imposed under voluntary joint action by the Water Resources Commission and the ground water users concerned whenever possible, but by the commission under the police power of the state except as specified in ORS 537.796, when such voluntary joint action is not taken or is ineffective.

�� (j) Location, construction, depth, capacity, yield and other characteristics of and matters in connection with wells be controlled in accordance with the purposes set forth in this section.

�� (k) All activities in the state that affect the quality or quantity of ground water shall be consistent with the goal set forth in ORS 468B.155.

�� (2) The Legislative Assembly finds and declares that expanded group domestic use for a public water system located in a ground water quality management area declared under ORS 468B.180 using an amount of water equivalent to the amount of water provided by abandoned water wells as provided in ORS 537.617 ensures the preservation of the public welfare, safety and health. [1955 c.708 �2; 1985 c.673 �46; 1989 c.201 �2; 1989 c.833 �56; 2025 c.605 �33]

�� 537.530 [Repealed by 1955 c.708 �38]

(Aquifer Storage and Recovery)

�� 537.531 Legislative findings. The Legislative Assembly declares that aquifer storage and recovery is a beneficial use inherent in all water rights for other beneficial uses. Aquifer storage and recovery is the storage of water from a separate source that meets drinking water standards in a suitable aquifer for later recovery and not having as one of its primary purposes the restoration of an aquifer. [1995 c.487 �2]

�� 537.532 Injection of ground water into aquifers; standards. (1) Notwithstanding any other provision of law, the injection into aquifers of water that complies with drinking water standards established by the Oregon Health Authority under ORS

ORS 537.545

537.545, casings, fittings, valves, pipes, pumps, measuring devices and backflow prevention devices.

�� (f) Prosecute actions and suits to enjoin violations of ORS 537.505 to 537.795 and 537.992, and appear and become a party to any action, suit or proceeding in any court or before any administrative body when it appears to the satisfaction of the commission that the determination of the action, suit or proceeding might be in conflict with the public policy expressed in ORS 537.525.

�� (g) Call upon and receive advice and assistance from the Environmental Quality Commission or any other public agency or any person, and enter into cooperative agreements with a public agency or person.

�� (h) Adopt and enforce rules necessary to carry out the provisions of ORS 537.505 to 537.795 and 537.992 including but not limited to rules governing:

�� (A) The form and content of registration statements, certificates of registration, applications for permits, permits, certificates of completion, ground water right certificates, notices, proofs, maps, drawings, logs and licenses;

�� (B) Procedure in hearings held by the commission; and

�� (C) The circumstances under which the helpers of persons operating well drilling machinery may be exempt from the requirement of direct supervision by a licensed water well constructor.

�� (i) In accordance with applicable law regarding search and seizure, apply to any court of competent jurisdiction for a warrant to seize any well drilling machine used in violation of ORS 537.747 or 537.753.

�� (2) In the administration of ORS 537.505 to 537.795 and 537.992 in a ground water quality management area, as defined in ORS 468B.150, the Water Resources Department shall require compliance with backflow prevention rules.

�� (3) Notwithstanding any provision of subsection (1) of this section, in administering the provisions of ORS 537.505 to 537.795 and 537.992, the commission may not:

�� (a) Adopt any rule restricting ground water use in an area unless the rule is based on substantial evidence in the record of the Water Resources Department to justify the imposition of restrictions.

�� (b) Make any determination that a ground water use will impair, substantially interfere or unduly interfere with a surface water source unless the determination is based on substantial evidence. Such evidence may include reports or studies prepared with relation to the specific use or may be based on the application of generally accepted hydrogeological principles to the specific use.

�� (4) At least once every three years, the commission shall review any rule adopted under subsection (3) of this section that restricts ground water use in an area. The review process shall include public notice and an opportunity to comment on the rule.

�� (5) The commission may establish by rule, and enforce, backflow prevention standards for the use of surface water in a ground water quality concern area or a ground water quality management area, as those terms are defined in ORS 468B.150. [1955 c.708 �32; 1981 c.416 �7; 1985 c.673 �73; 1989 c.833 �60; 1995 c.549 �2; 2021 c.610 �14; 2025 c.605 �38]

�� 537.781 Applying for injunction to address violation or potential violation. If the Water Resources Department has information that a person has engaged, or is about to engage, in any activity that is or will be a violation of ORS 537.747, 537.753, 537.762 or

ORS 537.632

537.632; 1981 c.416 �5; 1985 c.615 �7; 1985 c.673 �69; 1987 c.109 �2; 1989 c.129 �1; 1999 c.293 �4; 2003 c.594 �3; 2005 c.156 �2; 2009 c.766 �1; 2021 c.610 ��8,9,10; 2025 c.491 �1]

�� 537.763 Water Resources Department Operating Fund. (1) There is established in the State Treasury the Water Resources Department Operating Fund to provide for the payment of the administrative expenses of the Water Resources Commission in carrying out the provisions of ORS 537.762.

�� (2) The Water Resources Department Operating Fund shall consist of:

�� (a) Fees received pursuant to ORS 537.762.

�� (b) All moneys received on behalf of the fund by gift, grant or appropriation, from whatever source.

�� (3) The Water Resources Department Operating Fund shall be separate and distinct from the General Fund. All interest earned by the Water Resources Department Operating Fund, if any, shall inure to the benefit of the fund.

�� (4) In expending moneys in the fund received from fees pursuant to ORS 537.762, the biennial limitations on expenditures of the Water Resources Department shall be:

�� (a) No more than five percent for well inspection administrative support;

�� (b) No more than 20 percent for well inspection technical and information services; and

�� (c) No less than 75 percent for well inspection field investigation, enforcement and review of well logs. [1989 c.129 �4; 2003 c.594 �4; 2021 c.610 �21]

�� Note: 537.763 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 537 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

�� 537.765 Log of constructing, altering, abandoning or converting well; furnishing samples to Water Resources Commission; rules. (1) As used in this section, �licensed or permitted person� means a person licensed under ORS 537.747 or permitted under ORS 537.753 (4).

�� (2) The business or activity of constructing new wells or altering, abandoning or converting existing wells is declared to be a business or activity affecting the public welfare, health and safety. In order to enable the state to protect the welfare, health and safety of its residents, any licensed or permitted person shall keep a log of each well constructed, altered, abandoned or converted and shall electronically file a certified copy of the log with the Water Resources Department within 30 days after the completion of the construction, alteration, abandonment or conversion.

�� (3) The department shall provide to a licensed or permitted person acknowledgment of receipt of a well log submitted under this section within 120 days of receipt.

�� (4) Each log that a licensed or permitted person files under this section shall be in a form prescribed by the department and shall show:

�� (a) The name and post-office address of the owner of the well.

�� (b) The name and license number, if applicable, of the licensed or permitted person performing the work.

�� (c) The name and license number, if applicable, of the licensed or permitted person responsible for the work.

�� (d) The name of any person that assisted with the work.

�� (e) The location of the well by county tax lot number, township, range and section, and to the nearest quarter-quarter section, and by the latitude and longitude as established by a global positioning system.

�� (f) The dates of commencement and completion of the work of constructing, altering, abandoning or converting the well.

�� (g) The depth, diameter and type of the well.

�� (h) The kind and amount of the casing and where placed in the well, including the number and location of perforations or screens.

�� (i) The flow in cubic feet per second or gallons per minute of a flowing well, and the shut-in pressure in pounds per square inch.

�� (j) The static water level with reference to the land surface, and the drawdown with respect to the amount of water pumped per minute, when a pump test is made.

�� (k) The kind and nature of the material in each stratum penetrated, with at least one entry for each change of formation, and the thickness of aquifers.

�� (L) The temperature of the ground water encountered and other characteristics of the ground water in detail as required by the department.

�� (5) If required by the department, the licensed or permitted person shall furnish to the department samples of the ground water and of each change of formation in containers furnished and transportation expense paid by the department.

�� (6) Not later than 120 days after a well log is submitted pursuant to this section, the department shall:

�� (a) Review the well log to identify any deficiencies and assess compliance with the standards that were in effect when the well that is the subject of the well log was constructed, altered, abandoned or converted.

�� (b) Notify the licensed or permitted person who submitted the well log that the review has been completed.

�� (7) The Water Resources Commission may adopt rules establishing precision requirements and standards for global positioning system equipment used to obtain information submitted under subsection (4)(e) of this section.

�� (8) The commission may adopt rules that waive the electronic submittal requirement. [1955 c.708 �29; 1961 c.334 �11; 1981 c.416 �6; 1985 c.673 �70; 1993 c.774 �5; 1995 c.77 �1; 1999 c.293 �5; 2021 c.610 ��11,12,13]

(Well Constructors Continuing Education Committee)

�� Note: Sections 2, 4 and 7, chapter 496, Oregon Laws 2001, provide:

�� Sec. 2. (1) There is established a Well Constructors Continuing Education Committee consisting of six members appointed by the Water Resources Director as follows:

�� (a) One person representing the Water Resources Department;

�� (b) Three persons from the well drilling industry licensed pursuant to ORS 537.747;

�� (c) One person having expertise in ground water quality or public health; and

�� (d) One person having expertise in employee safety.

�� (2) The term of office of each member is three years, but a member serves at the pleasure of the director. Before the expiration of the term of a member, the director shall appoint a successor whose term begins on July 1 next following. A member is eligible for reappointment. If there is a vacancy for any cause, the director shall make an appointment to become effective immediately for the unexpired term.

�� (3) A member of the committee is entitled to travel expenses as provided in ORS 292.495.

�� (4) Members of the committee must be residents of this state who are knowledgeable about the principles of well construction.

�� (5) The committee shall select one of its members as chairperson and another as vice chairperson, for such terms and with the duties and powers necessary for the performance of the functions of such offices as the committee determines.

�� (6) Four members of the committee constitute a quorum for the transaction of business. At least four members of the committee must approve all official actions or decisions of the committee. [2001 c.496 �2; 2021 c.610 �17]

�� Sec. 4. (1) The Well Constructors Continuing Education Committee shall recommend to the Water Resources Commission a process for reviewing and approving continuing education requirements for licensed water well constructors established by rule pursuant to subsection (2) of this section.

�� (2) The commission shall adopt rules necessary for the administration of a continuing education program for licensed water well constructors consistent with the recommendations of the committee.

�� (3) The rules adopted by the commission under this section for the continuing education program shall:

�� (a) Authorize the committee to review and approve continuing education courses and to assign continuing education credits.

�� (b) At a minimum require, for renewal of a license issued under ORS 537.747, that an applicant:

�� (A) Through clinics, schools, professional organizations or seminars, lectures or other courses of study that relate to the practice of well construction and that are approved by the committee, obtain continuing education credits during each licensing period in an amount designated by the commission, but not to exceed 14 credits; and

�� (B) Furnish proof on a form approved by the committee that the applicant has complied with the continuing education requirements during the preceding licensing period unless the applicant is exempt under subsection (4) of this section.

�� (4) The commission may waive the continuing education requirements established by rule pursuant to subsection (2) of this section for a licensed water well constructor if the constructor submits satisfactory evidence of inability to attend continuing education courses because of health, military duty or other circumstances beyond the control of the constructor.

�� (5) For courses sponsored by the Water Resources Department, the fee for one continuing education credit is $45, and the total fees per day may not exceed $275.

�� (6) The fees collected under this section for continuing education courses sponsored by the department shall be paid into the Water Resources Department Water Right Operating Fund. Notwithstanding ORS 536.009, such moneys shall be used to pay the department�s expenses associated with conducting continuing education courses.

�� (7) At the time of application to renew a water well constructor�s license pursuant to ORS

ORS 537.730

537.730, among the appropriators holding valid rights to ground water in the critical area in accordance with the relative dates of priority of such rights.

�� (b) A provision according preference, without reference to relative priorities, to withdrawals of ground water in the critical area for residential and livestock watering purposes first. Thereafter, the commission may authorize withdrawals of ground water in the critical area for other beneficial purposes, including agricultural, industrial, municipal other than residential, and recreational purposes, in such order as the commission considers advisable under the circumstances, so long as such withdrawal will not materially affect a properly designed and operating well with prior rights that penetrates the aquifer.

�� (c) A provision reducing the permissible withdrawal of ground water by any one or more appropriators or wells in the critical area.

�� (d) Where two or more wells in the critical area are used by the same appropriator, a provision adjusting the total permissible withdrawal of ground water by such appropriator, or a provision forbidding the use of one or more of such wells completely.

�� (e) A provision requiring the abatement, in whole or part, or the sealing of any well in the critical area responsible for the admission of polluting materials into the ground water supply or responsible for the progressive impairment of the quality of the ground water supply by dispersing polluting materials that have entered the ground water supply previously.

�� (f) A provision requiring and specifying a system of rotation of use of ground water in the critical area.

�� (3) The commission shall conduct the proceeding under this section according to the provisions of ORS chapter 183 applicable to contested case proceedings. [1991 c.400 �2]

�� 537.743 Program to remediate certain domestic water wells. (1) The Water Resources Department shall establish a program for the purpose of replacing, repairing or deepening domestic personal use wells that are affected by declining ground water levels resulting from overallocation of ground water within the Greater Harney Valley Groundwater Area of Concern.

�� (2) In administering the program, the department:

�� (a) May enter into contracts, intergovernmental agreements or other arrangements with public or private entities in order to work collaboratively to undertake the actions described in paragraph (b) of this subsection;

�� (b) May award grants for costs related to the replacement, repair or deepening of the wells or pay the cost of direct services of a water well constructor licensed under ORS 537.747 to perform work needed to replace, repair or deepen the wells;

�� (c) Shall develop a process for applying for a grant or payment;

�� (d) May require a grantee or recipient of a payment to report to the department on the use of the funds;

�� (e) Shall biennially review the program and report to the Water Resources Commission on program implementation and outcomes to assess to what extent the purpose described in subsection (1) of this section is being achieved; and

�� (f) Shall, based on the report, modify the program as necessary to better achieve the purpose described in subsection (1) of this section.

�� (3) A grant or payment described in subsection (2)(b) of this section may provide:

�� (a) Up to 75 percent of the total cost of replacing, repairing or deepening the well, not to exceed $10,000 per well for replacement, repair or deepening; and

�� (b) If determined by the department to be necessary as part of replacing a well, up to $3,500 for the cost of abandoning the replaced well.

�� (4) In reviewing applications for a grant or payment, the department shall:

�� (a) Prioritize grants or payments for wells owned by or serving persons of lower or moderate income;

�� (b) Prioritize grants or payments for wells based on the severity of changes and declines in ground water, as determined by the department; and

�� (c) Consider other criteria determined by the department to be appropriate.

�� (5) To be eligible for funding, wells must:

�� (a) Be domestic personal use wells affected by declining ground water levels within the Greater Harney Valley Groundwater Area of Concern;

�� (b) Have served domestic personal use at a residence existing as of April 15, 2016; and

�� (c) Meet other criteria determined by the department.

�� (6) If replacement of a well is funded in whole or in part under the program, the replaced well must be abandoned.

�� (7) The Water Resources Commission may adopt rules to implement the program. The commission shall, for purposes of the program, adopt by rule a definition for the term �Greater Harney Valley Groundwater Area of Concern� or maintain in rule a definition for the term that the commission adopted before September 25, 2021. [2021 c.632 �1]

�� Note: 537.743 and 537.744 were enacted into law by the Legislative Assembly but were not added to or made a part of ORS chapter 537 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

�� 537.744 Domestic Well Remediation Fund. (1) There is established in the State Treasury, separate and distinct from the General Fund, the Domestic Well Remediation Fund. Interest earned by the Domestic Well Remediation Fund shall be credited to the fund. All moneys in the Domestic Well Remediation Fund are continuously appropriated to the Water Resources Department to carry out the purposes described in ORS 537.743.

�� (2) The Domestic Well Remediation Fund shall consist of all moneys credited to the fund, including moneys appropriated or transferred to the fund by the Legislative Assembly. [2021 c.632 �3]

�� Note: See note under 537.743.

�� 537.745 Voluntary agreements among ground water users from same reservoir. (1) In the administration of ORS

ORS 537.765

537.765 or the standards described in ORS 537.780 (1)(b) or (c), in addition to any other available remedies, the department may apply to the circuit court for Marion County, or to the circuit court for any county in which the activity has occurred or will occur, for a temporary or permanent injunction requiring the person to:

�� (1) Refrain from the activity; and

�� (2) Take any actions necessary to remedy any threat to groundwater supplies, public health or public safety. [2021 c.610 �19]

�� Note: 537.781 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 537 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

�� 537.783 Reinjection of geothermal fluids; rules and standards; water pollution control facilities permit. (1) The Water Resources Commission shall adopt rules which govern the disposal by reinjection or other means of geothermal fluids derived from:

�� (a) Geothermal or hot water wells less than 2,000 feet deep producing fluids of less than 250 degrees Fahrenheit bottom hole temperature; or

�� (b) Geothermal or hot water wells less than 2,000 feet deep producing fluids that have been appropriated pursuant to ORS 537.505 to 537.795 and 537.992.

�� (2) The rules adopted under subsection (1) of this section shall include standards whereby contamination may be determined, construction standards for reinjection wells, testing procedures for identifying aquifers, standards and procedures for determining whether adjacent aquifers are being degraded by the reinjection process, guidelines for conservation of the resource, criteria for evaluating reservoirs or zones for geothermal fluid disposal and requirements for prior approval of all geothermal fluid reinjection proposals.

�� (3) A water pollution control facilities permit shall be obtained from the Department of Environmental Quality under ORS 468B.050 before reinjection is commenced. The Department of Environmental Quality may, by agreement with the Water Resources Commission, waive this requirement for reinjection into the reservoir from which the fluid came where adequate standards and tests have been adopted to insure the fluid and its residues are uncontaminated. [1979 c.547 �3; 1985 c.673 �74]

�� 537.785 Fees. (1) In the administration of ORS

ORS 537.992

537.992, or any rule adopted pursuant thereto, applicable to such licensee.

�� (8) The requirement in subsection (3)(d) of this section does not apply to any person who, on July 1, 1981, holds the license required by this section and who continues thereafter to maintain the license in good standing.

�� (9) The requirement in subsection (3)(e) of this section does not apply to any person who, on July 1, 2023, holds the license required by this section and who continues thereafter to maintain the license in good standing.

�� (10) If the department observes a welding deficiency on a well, the department may order the licensee who welded the well to, within a reasonable time, complete an arc welding training course from a community college, acquire a professional welding certification, pass a welding proficiency test or otherwise complete professional welding training.

�� (11) The fees collected under subsection (6) of this section shall be paid into the Water Resources Department Water Right Operating Fund. Such moneys are continuously appropriated to the Water Resources Department to pay the department�s expenses in administering and enforcing the water well constructor�s licensing program. [1961 c.334 �2; 1971 c.591 �1; 1973 c.827 �58; 1981 c.416 �2; 1985 c.615 �2; 1985 c.673 �66; 1987 c.109 �1; 1989 c.758 �2; 1999 c.293 �2; 2001 c.496 ��5,8; 2003 c.594 ��9,10; 2007 c.221 �1; 2007 c.768 ��11,12; 2021 c.610 �6; 2023 c.542 �1; 2025 c.491 �2]

�� 537.750 Examination for license. (1) The written examination required under ORS 537.747 (3)(b) shall be prepared to test the applicant�s knowledge and understanding of the following subjects:

�� (a) Laws of the state pertaining to the appropriation and use of ground water, the licensing requirements of ORS 537.747 to 537.765, the construction of wells and the preparation and filing of well logs.

�� (b) Rules of the Water Resources Commission pertaining to the appropriation and use of ground water, the construction of wells and the preparation and filing of well logs.

�� (c) Basic information on ground water geology, the occurrence and movement of ground water, and the design, construction and development of wells.

�� (d) Types, uses and maintenance of drilling tools and equipment, drilling problems and corrective procedures, repair of faulty wells, sealing of wells and safety rules and practices.

�� (2) Examinations shall be given during the months of January, April, July and October. The date, time and place of the examination are to be established by the commission. The examination shall be given only to those applicants who have met the requirement set out in ORS 537.747 (3)(a) and have paid the $20 examination fee. An applicant who fails to pass the examination by not attaining a grade of 70 or better may retake the examination after three months and the payment of another $20 examination fee. [1961 c.334 �3; 1981 c.416 �3; 1985 c.673 �67]

�� Note: The amount of the application fee under 537.747 (6)(a) was increased from $20 to $25 by section 2, chapter 491, Oregon Laws 2025. 537.750 (2) was not amended to reflect the increase. Pursuant to 173.160, Legislative Counsel has not substituted the increased fee of $25 for the $20 fee in 537.750 (2).

�� 537.753 Bond or letter of credit; landowner�s permit and bond; fee. (1) Any person who contracts or offers services to contract to construct, alter, abandon or convert wells shall have in effect a surety bond or an irrevocable letter of credit issued by an insured institution, as defined in ORS 706.008, running to the State of Oregon in the sum of $20,000, ensuring that in the construction, alteration, abandonment or conversion of wells, the principal shall comply with all the provisions of ORS 537.505 to 537.795 and 537.992 that are applicable to such construction, alteration, abandonment or conversion and to the rules and standards of well construction, alteration, abandonment and conversion that have been prescribed by the Water Resources Commission. The bond or letter of credit shall be filed with the Water Resources Commission.

�� (2) The Water Resources Commission or any person injured by failure of a water well constructor to comply with the provisions of the bond or letter of credit has a right of action on the bond or letter of credit in the name of the injured person. However, the aggregate liability of the surety or letter of credit issuer to all such persons may not exceed the sum of the bond or letter of credit.

�� (3) A proceeding against the bond or letter of credit under subsection (2) of this section may not be commenced unless the commission notifies the water well constructor of the alleged violation within three years after the date the water well report is filed with the commission.

�� (4) If a well is to be constructed, altered, abandoned or converted by a person that is not licensed under ORS 537.747 on property owned by that person, the person shall obtain a permit from the commission before beginning work. Application for the permit shall be in the form prescribed by the commission and must be accompanied by a fee of $550. At the time of filing the permit, the applicant also shall submit to the commission a bond or an irrevocable letter of credit issued by an insured institution as defined in ORS 706.008 running to the State of Oregon in the sum of $10,000, ensuring that in the construction, alteration, abandonment or conversion of the well the landowner shall comply with all the provisions of ORS 537.505 to 537.795 and 537.992 that are applicable to the construction, alteration, abandonment or conversion of wells and to the rules and standards of well construction, alteration, abandonment and conversion that have been prescribed by the commission. Before the person who constructs, alters, abandons or converts a well referred to in this subsection seals the well, the person must give 10 days� written notice to the Water Resources Department so department personnel can be present to observe the work. After expiration of the notice period, the well may be sealed even if the department has not caused the well to be inspected. [1961 c.334 �4; 1971 c.591 �2; 1981 c.416 �4; 1985 c.615 �1; 1985 c.673 �198; 1991 c.331 �78; 1997 c.631 �485; 1999 c.293 �3; 2003 c.144 �1; 2017 c.623 �1; 2021 c.610 �7; 2025 c.491 �3]

�� 537.756 [1961 c.334 �7; 1971 c.591 �3; repealed by 1981 c.416 �10]

�� 537.759 [1961 c.334 �8; repealed by 1981 c.416 �10]

�� 537.762 Submitting start card before beginning work on well; rules; fees. (1) As used in this section:

�� (a) �Licensed or permitted person� means a person licensed under ORS 537.747 or permitted under ORS 537.753 (4).

�� (b) �Start card� means a form containing all information required by the Water Resources Department as a notification that a licensed or permitted person will commence work on a well.

�� (2) Each licensed or permitted person who has entered into a contract to construct, alter, abandon or convert a well or cause a well to be constructed, altered, abandoned or converted shall, not earlier than 60 days and not later than 72 hours before beginning work on the well, submit a start card to the department containing:

�� (a) The name, telephone number, electronic mail address and post-office address of the owner of the well.

�� (b) The approximate location of the well by county tax lot number, township, range, section and nearest quarter-quarter section.

�� (c) The street address nearest to the proposed well.

�� (d) The latitude and longitude of the well as established by a global positioning system.

�� (e) The proposed depth and diameter of the well.

�� (f) The proposed purpose or use of the ground water from the proposed well.

�� (g) The time frame proposed for beginning and completing the construction, alteration, abandonment or conversion.

�� (h) The time frame proposed for annular seal placement.

�� (i) The well identification label number, if assigned.

�� (j) The water right application, permit or certificate number, if applicable.

�� (k) The original well log number, if applicable.

�� (L) The type of work proposed.

�� (m) Notification of any need for special standards.

�� (n) The signature and license number, if applicable, of the bonded and licensed or permitted person who would undertake the work.

�� (o) For an existing well, the current purpose or use of the well and the existing depth and diameter of the well.

�� (3) The department shall furnish a convenient means for licensed or permitted persons to submit start card information under this section.

�� (4) A separate start card is required for each well that is constructed, altered, abandoned or converted.

�� (5) A start card submitted under this section shall be confidential and maintained as such for one year or until the well log required under ORS 537.765 is received by the department, whichever is earlier. Nothing in this subsection prohibits the department from using a start card for enforcement actions during the period the start card is confidential.

�� (6) On the date that work on the well commences, the licensed or permitted person shall, before commencing work, notify the department that the work is about to commence. If the proposed date of seal placement is not the date proposed on the start card required by this section, the licensed or permitted person shall notify the department of the change at least four hours before placing the seal.

�� (8) Unless the licensed or permitted person submitting a start card under this section has requested and received an extension, a start card expires if construction, alteration, abandonment or conversion of a well does not begin on or before 60 days after submission of the start card. If a start card expires, a new start card and fee must be submitted in compliance with this section before construction, alteration, abandonment or conversion of the well may occur. If a start card is withdrawn before expiring, the licensed or permitted person that submitted the start card may request that the fee paid for the withdrawn start card be transferred to a new start card.

�� (9) The commission may establish by rule an exception to any time frame established in this section for areas requiring special standards and for any other purpose identified by the commission.

�� (10) The requirement in subsection (2) of this section that a licensed or permitted person must submit a start card not earlier than 60 days and not later than 72 hours before beginning work on a well does not apply:

�� (a) To a second or additional water well drilled on the same or a contiguous tax lot for the same landowner and for which a valid unexpired start card has been submitted pursuant to this section, if a start card for the second or additional water well is filed not later than the day the work on the water well begins.

�� (b) During water emergencies or casing height adjustments, if a start card is submitted before work begins.

�� (11) The Water Resources Director may, for good cause in exigent circumstances, waive any time frame established by this section.

�� (12) Each start card submitted under this section for the construction of a new well, deepening of an existing well or conversion of a well shall be accompanied by a fee of $490. A start card shall be submitted to the department by electronic means, unless the department authorizes a different means of submission.

�� (13) The moneys paid to the department under subsection (12) of this section shall be paid into the Water Resources Department Operating Fund. All interest, if any, from moneys received under subsection (12) of this section shall inure to the benefit of the department. Such moneys and interest earned on such moneys are continuously appropriated to the department to be used to pay the costs of the department to employ personnel to inspect wells and well construction. [Formerly

ORS 59.505

59.505, 59.710 to 59.830, 59.991 and 59.995 or any statute of this state now or hereafter in effect relating to trusts and monopolies. [Formerly 520.085; subsection (2) enacted as 1961 c.671 �13; 1963 c.69 �1]

�� 520.240 Voluntary unitization of operations by lessees of tidal or submersible lands; Department of State Lands� function. (1) For the purpose of properly conserving the natural resources of any single oil or gas pool or field, lessees under ORS 274.705 to 274.860 and their representatives may unite with each other jointly or separately, or jointly or separately with others owning or operating lands not belonging to the state, in collectively adopting and operating under a cooperative or unit plan of development or operation of the pool or field, whenever it is determined by the Department of State Lands to be necessary or advisable in the public interest.

�� (2) The Department of State Lands may, with the consent of the holders of the leases involved, establish, alter, change and revoke any drilling and production requirements of such leases, and make such regulations with reference to such leases, with like consent on the part of the lessees, in connection with the institution and operation of any such cooperative or unit plan, as the Department of State Lands deems necessary or proper to secure the proper protection of the interests of the state. [1961 c.619 �33]

�� 520.260 Hearing to determine need for unitization of operations; required findings; order. (1) The governing board of the State Department of Geology and Mineral Industries upon its own motion may, and upon the application of any interested person shall, hold a hearing to consider the need for the operation as a unit of one or more pools or parts thereof in a field.

�� (2) The board shall make an order providing for the unit operation of a pool or part thereof if it finds that:

�� (a) Unit operation is reasonably necessary to effectively carry on pressure control, pressure maintenance or repressuring operations, cycling operations, water flooding operations, injection operations, or any combination thereof, or any other method of recovery designed to substantially increase the ultimate recovery of oil from the pool or pools; and

�� (b) The value of the estimated additional recovery of oil or gas exceeds the estimated additional cost incident to conducting unit operations. [1961 c.671 �2; 2007 c.672 �19]

�� 520.270 Plan for unit operations. An order issued pursuant to ORS 520.260 shall be upon terms and conditions that are just and reasonable, and shall prescribe a plan for unit operations that includes the following:

�� (1) A description of the pool or pools or parts thereof to be so operated.

�� (2) A statement of the nature of the operations contemplated.

�� (3) An allocation to the separately owned tracts in the unit area of all the oil and gas that is produced from the unit area and is saved, being the production that is not used in the conduct of operations on the unit area or not unavoidably lost.

�� (4) A provision for the credits and charges to be made in the adjustment among the owners in the unit area for their respective investments in wells, tanks, pumps, machinery, materials and equipment contributed to the unit operations.

�� (5) A provision stating how the costs of unit operations, including capital investments, shall be determined and charged to the separately owned tracts and how these costs shall be paid, including a provision stating when, how and by whom the unit production allocated to an owner who does not pay the share of the cost of unit operations charged to such owner, or the interest of such owner, may be sold and the proceeds applied to the payment of such costs.

�� (6) A provision, if necessary, for carrying or otherwise financing any person who elects to be carried or otherwise financed, allowing a reasonable interest charge for such service payable out of that person�s share of the production.

�� (7) A provision for the supervision and conduct of the unit operations, in respect to which each person shall have a vote with a value corresponding to the percentage of the costs of unit operations chargeable against the interest of that person.

�� (8) The time when the unit operations shall commence, and the manner in which, and the circumstances under which, the unit operations shall terminate.

�� (9) Additional provisions that are found appropriate for carrying on the unit operations, and for the protection of correlative rights. [1961 c.671 �3]

�� 520.280 Allocation of production under plan; ownership. (1) The allocation described in ORS 520.270 (3) shall be in accord with the agreement, if any, of the interested parties. If there is no such agreement, the governing board of the State Department of Geology and Mineral Industries shall determine the relative value, from evidence introduced at the hearing, of the separately owned tracts in the unit area, exclusive of physical equipment, for development of oil and gas by unit operations. The production allocated to each tract shall be the proportion that the relative value of each tract so determined bears to the relative value of all tracts in the unit area.

�� (2) That portion of the unit production allocated to any tract, and the proceeds from the sale thereof, are the property and income of the several persons to whom, or to whose credit, they are allocated or payable under the order providing for unit operations. [1961 c.671 ��4,10]

�� 520.290 When unitization order to become effective; supplemental hearings. (1) No order of the governing board of the State Department of Geology and Mineral Industries providing for unit operations is effective until:

�� (a) The plan for unit operations prescribed by the board under ORS 520.270 has been approved in writing by (A) those owners who, under the board�s order, will be required to pay at least 75 percent of the costs of the unit operation, and (B) those persons who, at the time of the order of the board, owned of record legal title to 75 percent of royalty and overriding royalty payable with respect to oil and gas produced from the pool or part thereof over the entire unit area; and

�� (b) The board has made a finding, either in the order providing for unit operations or in a supplemental order, that the plan for unit operations has been so approved.

�� (2) If the plan for unit operations has not been approved pursuant to subsection (1) of this section at the time the order providing for unit operations is made, the board shall upon application and notice hold such supplemental hearings as are required to determine if and when the plan for unit operations has been approved. If the persons owning the percentage of interest in the unit area required by subsection (1) of this section do not approve the plan for unit operations within a period of six months after the date on which the order providing for unit operations is made, the order is ineffective and shall be revoked by the board unless the board, for good cause shown, extends the time for approval. [1961 c.671 �5]

�� 520.300 Amending unitization order. An order providing for unit operations may be amended by an order made by the governing board of the State Department of Geology and Mineral Industries in the same manner and subject to the same conditions as an original order providing for unit operations. However:

�� (1) If the amendment affects only the rights and interests of the owners, the approval of the amendment by the royalty owners is not required.

�� (2) The order of amendment may not change the percentage for the allocation of:

�� (a) Oil and gas as established for any separately owned tract by the original order, except with the consent of all persons owning oil and gas rights in the tract; or

�� (b) Cost as established for any separately owned tract by the original order, except with the consent of all owners in the tract. [1961 c.671 �6; 2007 c.672 �20]

�� 520.310 Unitization of area including area previously unitized; partial unitization of pool. (1) The governing board of the State Department of Geology and Mineral Industries by order may provide for the unit operation of a pool or pools or parts thereof that embrace a unit area established by a previous order of the board. The order, in providing for the allocation of unit production, shall first treat as a single tract the unit area previously established, and the portion of the unit production so allocated thereto shall then be allocated among the separately owned tracts included in the previously established unit area in the same proportions as those specified in the previous order.

�� (2) An order may provide for unit operations on less than the whole of a pool where the unit area is of such size and shape as may reasonably be required for that purpose, and the conduct thereof will have no adverse effect upon other portions of the pool. [1961 c.671 ��7,8; 2007 c.672 �21]

�� 520.320 Unitization order does not terminate prior agreements or affect oil and gas rights; acquisition of property during unit operations. (1) No division order or other contract relating to the sale or purchase of production from a separately owned tract may be terminated by the order providing for unit operations, but remains in force and applies to oil and gas allocated to that tract until terminated in accordance with the provisions thereof.

�� (2) Except to the extent that the parties affected so agree, no order providing for unit operations results in a transfer of all or any part of the title of any person to the oil and gas rights in any tract in the unit area.

�� (3) All property, whether real or personal, that may be acquired in the conduct of unit operations under ORS 520.260 to 520.330 and 520.230 (2) shall be acquired for the account of the owners within the unit area, and is the property of such owners in the proportion that the expenses of unit operations are charged. [1961 c.671 ��11,12]

�� 520.330 Effect of operations in unit area. All operations, including but not limited to the commencement, drilling or operation of a well, upon any portion of the unit area, are considered for all purposes the conduct of such operations upon each separately owned tract in the unit area by the several owners thereof. The portion of the unit production allocated to a separately owned tract in a unit area, when produced, is considered for all purposes to have been actually produced from that tract by a well drilled thereon. Operations conducted pursuant to an order of the governing board of the State Department of Geology and Mineral Industries providing for unit operations constitute a fulfillment of all the express or implied obligations of each lease or contract covering lands in the unit area to the extent that compliance with such obligations cannot be had because of the order of the board. [1961 c.671 �9; 2007 c.672 �22]

UNDERGROUND RESERVOIRS

�� 520.340 Legislative findings. The underground storage of natural gas in Oregon is found by the Legislative Assembly to be in the public interest in that the establishment of underground reservoirs of natural gas will help insure the continued, uninterrupted availability of natural gas supplies to residential, commercial and industrial consumers in Oregon during periods of peak demand and during interruptions in the normal flow of natural gas supplies. [1977 c.296 �5]

�� 520.350 Property rights in underground reservoirs for natural gas storage. (1) All natural gas in an underground reservoir utilized for underground storage, whether acquired by eminent domain or otherwise, shall at all times be the property of the natural gas company utilizing said underground storage, its heirs, successors, or assigns. In no event shall such gas be subject to the rights of the owner of the surface of the land under which said underground reservoir lies or of the owner of any mineral interest therein or of any person other than said natural gas company, its heirs, successors and assigns to release, produce, take, reduce to possessions, or otherwise interfere with or exercise any control thereof.

�� (2) Any right of condemnation granted for the purposes of ORS 520.340, 772.610 to 772.625 and this section shall be without prejudice to the rights of the owner of the condemned lands or of the rights and interest therein to drill or bore through the underground reservoir in such a manner as shall protect the underground reservoir against pollution and against the escape of natural gas in a manner which complies with the orders and rules of the State Department of Geology and Mineral Industries. Such condemnation shall be without prejudice to the owners of such lands or other rights or interests therein as to all other uses thereof. The additional costs of complying with rules or orders to protect the underground shall be paid by the condemnor. [1977 c.296 �6]

�� 520.990 [Repealed by 1953 c.667 �21]

PENALTIES

�� 520.991 Penalties. Subject to ORS 153.022, violation of any provision of this chapter, any rule adopted by the governing board of the State Department of Geology and Mineral Industries under this chapter or any order issued by the board or the State Department of Geology and Mineral Industries under this chapter is a Class B misdemeanor. [1953 c.667 �19; 1999 c.1051 �315; 2007 c.672 �23; 2011 c.597 �221]

CHAPTER 521

�[Reserved for expansion]

ORS 803.665

803.665�� Towing commercial fishing boat without permit

TITLES

(Generally)

�� 803.010 Proof of ownership. A certificate of title is prima facie evidence of the ownership of a vehicle or of an interest therein. In all actions, suits or criminal proceedings, when the title to or right of possession of any vehicle is involved, proof of the ownership or right to possession shall be made by means of:

�� (1) The original certificate of title issued by the Department of Transportation;

�� (2) A salvage title certificate issued by the department; or

�� (3) The department records as provided under ORS 802.240. [1983 c.338 �174; 1991 c.873 �29]

�� 803.012 Rules for title forms and fees. (1) The Department of Transportation may adopt rules authorizing different forms of title and specifying the uses of the different forms. The rules may include, but need not be limited to, rules authorizing and describing uses of electronic titles and certificates of title.

�� (2) Rules adopted under this section may require or allow different forms of title for different purposes or for different persons.

�� (3) Rules adopted under this section may include fee structures that vary for different forms of title but in no case may the department charge more than the fees established for similar title transactions under ORS 803.090. [1993 c.233 �6]

�� 803.015 Certificate contents. The Department of Transportation shall design a certificate of title for vehicles for situations in which the department determines that certificates will be issued. A certificate of title issued by the department shall conform to all of the following:

�� (1) The certificate shall be numbered in a manner prescribed by the department.

�� (2) The certificate shall contain a description of the vehicle.

�� (3) The certificate shall contain evidence of identification of the vehicle the department deems proper.

�� (4) The certificate shall contain the name of the owner of the vehicle.

�� (5) The certificate shall identify any security interest holders in the order of their priority. This subsection does not apply to the security interests where the debtor who granted the security interest is in the business of selling vehicles and the vehicle constitutes inventory held for sale or lease.

�� (6) The certificate shall identify any lessor of the vehicle.

�� (7) The certificate shall be authenticated by a seal of the State of Oregon printed on the certificate.

�� (8) The certificate shall have space to fill in information required by the department upon the transfer of a vehicle under ORS 803.094 and space for the odometer disclosure required on transfer of an interest under ORS 803.102.

�� (9) If the vehicle is an assembled vehicle, the certificate shall:

�� (a) Show the make of the vehicle as �assembled.�

�� (b) Show the year the building of the vehicle is completed as the year model of the vehicle.

�� (10) The certificate shall show the mileage of the vehicle as reported to the department at the time the most recent title transfer was reported to the department, or the mileage reported to the department at the time the vehicle was initially titled in Oregon, whichever occurred last. The information required by this subsection shall be shown as reported to the department on odometer disclosure reports required by law to be submitted to the department.

�� (11) The certificate shall contain any brand or notation specified by the department by rule.

�� (12) The certificate shall contain any other information required by the department.

�� (13) The certificate shall be produced by a secure process that meets or exceeds the requirements of federal law. [1983 c.338 �175; 1985 c.16 �58; 1985 c.251 �14; 1985 c.253 �1; 1985 c.402 �6; 1987 c.127 �1; 1989 c.148 �8; 1991 c.820 �9; 1991 c.873 �7; 1993 c.233 �14; 2001 c.293 �1; 2001 c.445 �183; 2003 c.330 �1]

�� 803.016 Titles in form other than certificate. If title to a vehicle is not to be issued in the form of a certificate, the record of title kept by the Department of Transportation shall include all information required by ORS 803.015. Nothing in this section requires that title issued in a form other than a certificate:

�� (1) Be numbered as required by ORS 803.015 (1);

�� (2) Be authenticated as required by ORS 803.015 (7);

�� (3) Have the space required by ORS 803.015 (8); or

�� (4) Be produced by a secure process as required by ORS 803.015 (13). [1993 c.233 �16; 2001 c.293 �2; 2003 c.330 �3]

�� 803.020 [1985 c.251 �14a; repealed by 1991 c.873 �53]

�� 803.025 Violating title requirements; penalty. (1) A person commits the offense of violating vehicle title requirements if the person owns or operates any vehicle in this state for which this state has not issued title.

�� (2) Exemptions from this section are established by ORS 803.030. The exemptions are subject to ORS 803.040.

�� (3) The offense described in this section, violating vehicle title requirements, is a Class D traffic violation. [1983 c.338 �176; 1985 c.16 �59; 1985 c.333 �4; 1993 c.233 �17; 1995 c.383 �35]

�� 803.030 Exemptions from title requirement. This section establishes exemptions from the requirements under ORS 803.025 to obtain title issued by this state. The exemptions are subject to ORS 803.040. The exemptions are in addition to any exemptions under ORS 801.026. Vehicles exempted by this section from the requirements to be titled by this state are not prohibited from being titled by this state if titling is permitted under ORS 803.035. The exemptions are partial or complete as provided in the following:

�� (1) Title from this state is not required for a vehicle unless the vehicle is operated on a highway in this state.

�� (2) Title from this state is not required unless a vehicle is operated under a registration number of this state.

�� (3) Snowmobiles and Class I, Class III and Class IV all-terrain vehicles are not subject to the requirements under ORS 803.025. The requirements and procedures for titling snowmobiles are as provided under ORS 821.060 and 821.070.

�� (4) Road rollers, farm tractors and traction engines are exempt from the requirements for title.

�� (5) Trolleys are exempt from the requirements for title.

�� (6) Bicycles are exempt from the requirements for title.

�� (7) United States Government owned and operated motor vehicles and trailers are exempt from the requirements for title.

�� (8) Implements of husbandry, well drilling machinery, emergency fire apparatus providing public fire protection and wheelchairs are exempt from the requirements for title.

�� (9) Except as provided in subsection (23) of this section, fixed load vehicles are exempt from the requirements for title while operated within the immediate construction project, as described in the governmental agency contract, in the construction or reconstruction of state or county roads, highways or city streets.

�� (10) Motor vehicles designed to operate at a loaded weight over 8,000 pounds, trailers and equipment are exempt from requirements for title while:

�� (a) Owned, leased, contracted or requisitioned by the State Forester, State Board of Forestry, their contractors under ORS chapter 477, or the federal government; and

�� (b) Being used for the purposes of forest protection and fire suppression under ORS chapter 477 or a similar federal statute, including movement of the vehicles to and from the work area.

�� (11) Farm trailers are exempt from requirements for title when the operation or movement of the vehicle upon the highways is incidental to its use in an agricultural operation.

�� (12) Golf carts operated under an ordinance adopted under ORS 810.070 are exempt from requirements for title.

�� (13) Golf carts or similar vehicles are exempt from requirements for title when:

�� (a) They have not less than three wheels in contact with the ground;

�� (b) They have an unloaded weight of less than 1,300 pounds;

�� (c) They are designed to be and are operated at not more than 15 miles per hour; and

�� (d) They are operated by persons with disabilities.

�� (14) The nonresident owners of vehicles currently registered and titled in any other country, state or territory may operate such vehicles over the highways of this state without complying with the titling requirements under ORS 803.025. All of the following apply to this subsection:

�� (a) This subsection only provides an exemption so long as the owner satisfactorily shows that the owner is not a resident of this state or has been a resident of this state for less than 30 days. For the purpose of this paragraph, a person is a resident of this state if the person meets the residency requirements described in ORS 803.200.

�� (b) The exemption under this subsection applies to vehicles granted exemptions under ORS 802.500,

ORS 821.110

821.110.

�� (8) Implements of husbandry, well drilling machinery, emergency fire apparatus providing public fire protection and wheelchairs are exempt from registration.

�� (9) Road graders, farm tractors and farm trailers on highways are exempt from registration when the operation of the vehicle upon the highway is incidental to its use in an agricultural operation.

�� (10) Except as provided in subsection (26) of this section, fixed load vehicles are exempt from registration while the vehicles are operated:

�� (a) In the construction or reconstruction of state or county roads, highways or city streets; and

�� (b) Within the immediate construction projects, as described in the governmental agency contract under which the work is being performed.

�� (11) Motor vehicles designed to operate at a loaded weight over 8,000 pounds, trailers and equipment are exempt from registration while being used for the purposes of forest protection and fire suppression under ORS chapter 477 or a similar federal statute. The exemption under this subsection applies to the vehicles or equipment described while being moved to or from the work area. The exemption under this subsection only applies to vehicles or equipment owned, leased, contracted for or requisitioned by the State Forester or State Board of Forestry, a contractor of the State Forester or State Board of Forestry under ORS chapter 477 or the United States Government.

�� (12) Vehicles being used for the purposes of forest protection and fire suppression are exempt if the vehicles are necessary in order to comply with ORS 477.615 or

The law belongs to the people. Georgia v. Public.Resource.Org, 590 U.S. (2020)